Burke to be sentenced in New Year

FORMER Fianna Fáil minister, Ray Burke, will have to wait until after Christmas to find out whether he will face imprisonment despite paying over €1.3m in settlement of his outstanding taxes.

Mr Burke will learn in January whether he will be put behind bars after being convicted of two tax offences.

Judge Desmond Hogan deferred sentencing of the man described as "a Dáil pensioner" at the Dublin Circuit Criminal Court yesterday until January 24 in order to consider legal submissions from his lawyers.

Burke, aged 61, of Griffith Downs, Drumcondra, Dublin faces a maximum jail sentence of five years and/or a fine of €12,700. However, the court heard from Burke's legal team in a plea for leniency that most people convicted of tax-related offences do not receive custodial sentences.

Last July, the former Dublin North TD pleaded guilty to two charges of knowingly providing false information to the Revenue Commissioners by failing to declare sums of income totalling £116,018 which he had earned between 1982 and 1991.

Witnesses from the Criminal Assets Bureau revealed that the former minister had paid a total of £555,140 in early 2000 in settlement of unpaid tax, interest and penalties relating to the two charges.

One CAB official described to the Court as Bureau Officer No 6 as he cannot be personally identified under legislation gave evidence that Burke had knowingly underestimated his income by concealing interest he had earned from deposit accounts held in several offshore and Irish banks.

The court heard that on one charge, Burke had failed to declare a total income of £91,980 which related to interest on accounts held at Hill Samuel, Jersey, the AIB in the Isle of Man and other banks in the Republic.

On a separate charge, the CAB official said Burke had knowingly failed to declare £24,038 in interest to the Inspector of Taxes by incorrectly filing an amended statement of annual returns for the period 1991-1993 as required by those availing of the 1993 tax amnesty.

He confirmed that the former minister was not prosecuted for providing false information when availing of the 1993 tax amnesty itself.

However, the court heard that the defendant had availed of the amnesty in December 1993 by signing a form in which he stated he had undeclared income of £5,085 arising out of an account held at the Irish Nationwide in Camden St, Dublin.

The CAB official said Burke had also paid £470,165 in settlement of matters that were not the subject of the prosecution before the court and was now fully tax compliant.

He also admitted the prosecution could have proven "slow and tedious" if Burke had not pleaded guilty to the charges. "Substantial co-operation was provided at all stages of the investigation," he added.

Another CAB official, Detective Inspector Denis O'Leary, said important financial documents had been recovered from a search of Burke's home in October 2002 which included certificates of interest far in excess of £5,085 the sum originally declared in the 1993 amnesty.

The court heard that the former auctioneer served as a TD between 1973 and his retirement in 1997, during which time he held several senior ministerial portfolios including justice, environment, industry and commerce and foreign affairs.

Det Insp O'Leary said the offences occurred at a time when Burke, who has no previous convictions, was a TD but not a minister, although the tax periods did relate to a time when he held ministerial office.

Defence barrister Patrick Hunt told Judge Hogan that it was the norm that non-custodial sentences were imposed where defendants had complied with the authorities.

Mr Hunt said his client was "of good character" and should not be treated differently because of who he was. He claimed the retired politician was in poor health. He provided the judge with a copy of a medical report by a consultant psychiatrist which claimed that Burke suffered from anxiety and depression.

Judge Hogan said he would defer his decision on sentencing until January 24.