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15/01/2008
'Slab' Murphy In Challenge To Special Court's 'Validity'
Well known republican, Thomas 'Slab' Murphy, appeared today at the Special Criminal Court in Dublin on charges connected with alleged revenue offences - and has forced a break in proceedings already.
His counsel Mr Michael O'Higgins SC immediately challenged the validity of the order from Dundalk District Court sending him for trial to the Special Criminal Court.
The Special Criminal Court normally deals with terrorist related offences but the Director of Public Prosecutions has the discretion in any case to certify that the ordinary courts are inadequate to deal with it and to send it for trial to the three-judge, non-jury court.
Mr Murphy (aged 58) from Ballybinaby, Hackballscross, Co Louth, is being prosecuted following an investigation by the Criminal Assets Bureau.
The charges allege that he failed to furnish a return of his income, profits or gains or the sources of his income, profits or gains to the Collector General or the Inspector of Taxes for the tax years from 1996/97 to 2004.
Last Thursday, Murphy was sent forward for trial from Dundalk District Court to the Special Criminal Court.
Today in court, Mr O'Higgins said that once the return for trial was 'an issue' there was an obligation to prove that it was lawful.
Despite the state counsel Mr Benedict O’Floinn BL telling the court that Murphy’s solicitor had chosen not to attend the lower court hearing on Monday or to send someone on his behalf, Mr Justice Paul Butler, presiding, said that the court would have to set aside time to deal with the issue and he remanded Murphy on continuing bail pending the fixing of a date for the hearing of the issue.
(BMcC)
His counsel Mr Michael O'Higgins SC immediately challenged the validity of the order from Dundalk District Court sending him for trial to the Special Criminal Court.
The Special Criminal Court normally deals with terrorist related offences but the Director of Public Prosecutions has the discretion in any case to certify that the ordinary courts are inadequate to deal with it and to send it for trial to the three-judge, non-jury court.
Mr Murphy (aged 58) from Ballybinaby, Hackballscross, Co Louth, is being prosecuted following an investigation by the Criminal Assets Bureau.
The charges allege that he failed to furnish a return of his income, profits or gains or the sources of his income, profits or gains to the Collector General or the Inspector of Taxes for the tax years from 1996/97 to 2004.
Last Thursday, Murphy was sent forward for trial from Dundalk District Court to the Special Criminal Court.
Today in court, Mr O'Higgins said that once the return for trial was 'an issue' there was an obligation to prove that it was lawful.
Despite the state counsel Mr Benedict O’Floinn BL telling the court that Murphy’s solicitor had chosen not to attend the lower court hearing on Monday or to send someone on his behalf, Mr Justice Paul Butler, presiding, said that the court would have to set aside time to deal with the issue and he remanded Murphy on continuing bail pending the fixing of a date for the hearing of the issue.
(BMcC)
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