A case involving a former high-ranking tax official accused of masterminding the State's largest attempted VAT fraud - of £3.8 million - was further adjourned by a judge yesterday.
At Ennis Circuit Court, Judge Kevin Haugh was due to sentence Brendan Murphy (47), of Fieldbrook, Parteen, Co Clare, who is charged with conspiring with the late Brendan O'Doherty of Enfield, Co Meath, and other persons not before the court to defraud the Revenue Commissioners of £3,823,716 between January 1st and June 18th, 1997.
Murphy pleaded guilty to the charge last September. An application to change his guilty plea to not guilty was rejected by Judge Haugh at Limerick Circuit Court last month. A further application on behalf of Murphy appealing Judge Haugh's decision was rejected by the President of the High Court, Mr Justice Morris, at the High Court on Wednesday night. He stated that nothing had been advanced to him to show the procedures adopted by Judge Haugh were other than lawful.
Acting on behalf of the DPP, Mr Brendan Nix told Ennis Circuit Court yesterday that prior to yesterday morning's hearing, counsel for Murphy were given leave to appeal to the Supreme Court in Dublin against Mr Justice Morris's decision in the High Court on Wednesday night. Mr Nix made it clear to Judge Haugh that the Supreme Court had only given leave to the defendant to appeal against the refusal of the President of the High Court to grant a judicial review. No stay had been granted on sentencing.
Mr Nix said: "There is no stay and as far as we're concerned, there is no bar in the matter of proceeding with sentencing."
Judge Haugh said his concern was that the situation should not be seen as an exercise in keeping Murphy at liberty, because he was in custody.
He said the defendant was suffering the uncertainty of the delay caused by the current proceedings and in those circumstances he would adjourn the case "with very considerable hesitation and huge reservation".
Judge Haugh adjourned the case for mention at Dublin Circuit Court to June 14th, further remanding the accused in custody.