'Slab' Murphy plans trial appeal

A prominent republican facing tax evasion charges plans a Supreme Court appeal over a legal ruling that his case should be dealt…

A prominent republican facing tax evasion charges plans a Supreme Court appeal over a legal ruling that his case should be dealt with in the non-jury Special Criminal Court.

Thomas “Slab” Murphy last week lost his challenge against the constitutionality of a law sending him for trial before the Special Criminal Court instead of a jury.

The republican appeared today before the three-judge Special Criminal Court (SCC) where his solicitor, Paul Tiernan, revealed that he was lodging an appeal against the High Court ruling to the Supreme Court.

“I got instructions from Mr Murphy to appeal that decision,” said Mr Tiernan.

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The case will be mentioned in the Special Criminal Court on December 21st.

Mr Murphy, of Ballybinaby, Hackballscross, Co Louth, is being prosecuted on nine charges of failing to furnish tax returns for 1996-1997 to 2004. The case was brought in 2007 after an investigation by the Criminal Assets Bureau.

Mr Murphy (64) had challenged the constitutionality of a law under which the tax charges against him are to be dealt with by the SCC as opposed to the ordinary courts. Mr Murphy lost that challenge last Thursday.

Lawyers for Mr Murphy this morning argued that proceedings against him should be further placed on hold until after the outcome of the Supreme Court appeal is known.

Ben Ó Floinn BL, for the State, argued that the SCC should fix a hearing date for proceedings against Mr Murphy as there had already been a significant delay in the matter and the findings of the High Court had been
"quite clear cut".

Presiding judge Mr Justice Paul Butler said that proceedings were not being delayed at the Special Criminal Court in any sense and it would be more appropriate for the matter to listed for mention as the hearing at the Supreme Court was doubtless proceeding with due haste.

Mr Justice Butler, sitting with Judge Alison Lindsay and Judge Cormac Dunne, listed the matter for mention again on December 21st.