Having denied agreeing to his brothers’ forfeiture of criminal assets, Thomas ‘Slab’ Murphy [Who is, according to some, “not a criminal” – Ed] sent his legal representatives to the Republic of Ireland’s High Court today to hear the ruling on the High Court judicial review proceedings after Mr Murphy alleged breaches of his rights by the Special Criminal Court in relation to charges of tax evasion. The ruling is reported here.
Mr Justice Iarfhlaith O Neill found state lawyers breached Murphys rights by giving his solicitor only four minutes’ notice when they applied for the non-jury trial. The judge said the court order, made in January and containing three technical errors, should stand after the mistakes are corrected. Im satisfied the accused person is entitled to be present and legally represented to ensure this essential step of the process is protected, the judge said.
The judge added that Murphys legal team had not objected to the order between December 19, 2007 and January 10, 2008. Murphys trial on tax evasion has been sent back to Dundalk District Court to amend the order. It is unlikely the prosecution will be challenged.