Burke pleads guilty to tax return charges

FORMER Fianna Fáil minister Ray Burke could face up to five years in jail after pleading guilty to two charges of making false tax returns involving the non- declaration of almost €225,000 in income.

Burke, aged 60, of Griffith Downs, Drumcondra, admitted the offences before Dublin Circuit Criminal Court yesterday.

A separate charge against the retired politician of making a false declaration when availing of the 1993 tax amnesty was dropped.

Burke’s guilty plea created some surprise, as he had indicated in earlier hearings at District Court level that he would contest the charges.

But yesterday, he admitted knowingly or wilfully furnishing incorrect information by failing to declare income of £151,980 (€192,975) on or about December 15, 1993.

The former Dublin North TD also pleaded guilty to failing to declare income of £24,038 (€30,522) around the same time.

Under tax legislation, anyone who knowingly makes a false tax return to the Revenue Commissioners can face a maximum jail sentence of five years and/or a fine of €127,000 upon conviction on indictment.

However, in reality, many tax offence cases result in non-custodial sentences.

During a five-minute hearing, Burke admitted the charges after they were read out by the court registrar.

Although the case was originally only listed “for mention”, the hearing was moved to the top of the court list on application by Mr Burke’s barrister, Patrick McEntee SC, who sought for his client to be formally arraigned.

After hearing his guilty plea, Judge Desmond Hogan remanded Burke on continuing bail for sentencing on December 14.

The case followed an investigation of Burke’s financial affairs by the Criminal Assets Bureau over the past two years. It arose from the findings of the interim report of the Planning Tribunal by its former chairman, Mr Justice Feargus Flood, in September 2002.

It concluded that Burke received corrupt payments of more than €300,000 during the 1980s, as well as his former home in Swords, Co Dublin, which he sold for almost €4m in 2000, in a corrupt manner. Last year, Burke was hit with a €2m demand by the CAB in relation to these matters. Last night, an RTÉ report claimed he had reached a €600,000 settlement with CAB officials.

Burke, who receives a combined annual ministerial and TD pension of around €80,000, previously applied for free legal aid over his income tax offences.

He is also asking the current Planning Tribunal chairman, Judge Alan Mahon, to rule that the State should pick up his €10.5m legal bill from his involvement in the inquiry.

Lawyers for Burke are due to appear at Dublin Castle later this month to argue their client is entitled to his costs, despite findings that he obstructed the inquiry on 14 separate counts.

It is understood the DPP is still considering whether to bring a separate criminal prosecution against Burke on these matters.