‘Slab’ Murphy sentenced to 18 months for tax evasion
At the non-jury Special Criminal Court, Mr Justice Paul Butler said the court’s decision was not influenced by the publicity surrounding the trial.
The court tried Murphy as a “farmer and cattle dealer”, the judge said.
After sentencing, Murphy said in a statement that he maintains his innocence and has instructed his legal team to “pursue an appeal immediately”.
In December, after a 32-day trial, Murphy was found guilty of nine charges of failing to furnish a return of his income, profits, or gains or the source of same to the collector general or the inspector of taxes for the years 1996/97 to 2004.
A fortnight ago, the court heard evidence that the Criminal Assets Bureau’s (CAB) assessment of Murphy’s tax bill is €5,344,157 and that from farming income — the issue for which Murphy was tried before the court — he owes €189,964.
The estimated loss to Revenue is based on the “notional figure” of €15,000 or £IR15,000 per year profit from Murphy’s farming business, the court heard.
During the trial, the court heard that although Murphy conducted dealings in relation to cattle and land, and received farming grants totalling €100,000 from 1996-2004 from the Department of Agriculture, he failed to make any returns to Revenue.
A CAB search of an outhouse on the border in March 2006 revealed a large volume of documents and ledgers, cash worth €256,235 and stg£111,185 as well as uncashed cheques worth €579,000, stg£80,000, and IR£24,000.
Livestock mart managers told the court Murphy purchased cattle with a total value of over €500,000 while meat-factory managers said he sold cattle with a total value of over €200,000.
Murphy’s defence lawyers had claimed his brother, Patrick, was in control of the farming activities so was the chargeable person.
Yesterday, Mr Justice Butler said that, during the trial, “some commentary referred to other unconnected matters” and the court was “aware of the publicity”.
“It has no bearing on the Revenue charges brought against [Murphy],” the judge said, adding the court was “in no way influenced” by the publicity.
Mr Justice Butler said the court was not punishing Murphy because he had denied the charges, but that, if he had pleaded guilty, that would have been a significant mitigating factor.
Mitigating factors, the judge said, were Murphy’s age, his lack of previous convictions, the “relatively small” sum of money owed to Revenue, the considerable time spent on bail, and his current employment as a yard man.
The court sentenced Murphy to 18 months’ prison for each of the nine charges, with each sentence to run concurrently, dating from yesterday.
Mr Justice Butler said the court had considered imposing a fine but because Murphy had no assets they decided to not do so.
Afterwards, Murphy said: “I am an Irish Republican and have been all my life.
“For many years now I have been the subject of serial, prejudicial and wholly inaccurate commentary and media coverage.
“There have also been repeated assertions that I have amassed properties and wealth. This is utterly untrue. I do not own any property at all and I have no savings.
“Further, with regard to my recent trial, it was alleged by one broadcaster that two people who had given statements to An Garda Síochána felt unable to give evidence in court and there was a suggestion of intimidation of these witnesses.
“This is absolutely untrue. The witnesses did give evidence. The prosecution’s legal team did not even allege there was witness intimidation.”
Murphy was referring to two witnesses, Brian Garvey and Patrick Flanagan, whose statements to gardaí were read into evidence at the trial under a section 16 application, which allows for a witness’s statement to be read into evidence if there is an inconsistency between evidence given in court and a statement given to gardaí.
At the judgment hearing in December, Mr Justice Butler said the statements represented the “true state of affairs” which was that Murphy was involved in the farming business.
Murphy’s statement continued: “Despite never having been questioned by An Garda Síochána in relation to Revenue matters I was arrested, charged, and put on trial in the Special Criminal Court for failing to file tax returns in respect of farming.
“The case presented against me was that tax returns with an average liability of €4,279 tax per annum should have been filed by me over a nine-year period in relation to farming.
“The evidence called by the prosecution showed that tax returns were made by family members in respect of the farm, and that all tax on any profit from farming has been paid.
“I maintain my innocence in respect of these charges, which date back 20 years. Naturally I am very disappointed at the verdict of the court and have instructed my legal team to pursue an appeal immediately.”
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