‘No proof’ Thomas Murphy bought animals at marts

There was no proof that prominent republican Thomas ‘Slab’ Murphy bought animals when he attended livestock marts, his barrister has told the Special Criminal Court.

Mr Murphy (66), of Ballybinaby, Hackballscross, Co Louth, has pleaded not guilty to nine charges alleging that he failed to furnish a return of his income, profits or gains or the source of his income, profits or gains to the Collector General or the Inspector of Taxes for the years 1996/97 to 2004.

Mr Murphy is being prosecuted on foot of an investigation by the Criminal Assets Bureau.

It is the prosecution’s case that, although Mr Murphy conducted significant dealings in relation to cattle and land, and received farming grants from the Department of Agriculture, he failed to make any returns to revenue.

The defence lawyers claim that the accused man’s brother, Patrick, managed his cattle herd and farming activities.

During the third day of his closing speech, John Kearney QC, for Mr Murphy, told the court he was “not suggesting Thomas Murphy was never on the farm” at Ballybinaby.

“There is a world of difference between somebody who has grown up in farming society, and the chargeable person or the actual farmer in charge.”

Previously, the court had heard evidence that a man named Thomas Murphy traded in cattle at livestock marts and meat factories.

Mr Kearney said that the prosecution are “unable to prove that Thomas Murphy ever set foot in any of those establishments at any time”.

“There is no proof Thomas Murphy actually bought at the marts,” he said.

“The prosecution have offered a simplistic and superficial explanation of the documents,” he added. “If it says Thomas Murphy, it is Thomas Murphy.”

He further stated, “What the prosecution said is that the marts are being paid by cheques from Thomas Murphy’s bank account and factory cheques end up in the same bank account.”

He asked, “How can the prosecution exclude the possibility that Patrick Murphy had control of that bank account?”

Forensic accountant

Mr Kearney went on to submit the defence’s interpretation of evidence heard during the trial from a forensic accountant. The court had previously heard that the accountant examined documents, including ledgers, cheques and cheque books, seized by CAB in 2006 during the search of a shed on the border with Northern Ireland.

The defence lawyer said that the accountant’s evidence is “discredited” by materials that he did not analyse, including Patrick Murphy’s bank account.

“The court must have a reasonable doubt about the viability of the evidence of the accountant in this case,” Mr Kearney said.

Earlier, presiding judge Mr Justice Paul Butler said, “There’s a great sense of unreality with this constant reference to something Patrick Murphy did or did not do and he’s sitting in the court all the time with your client.”

“He’s not,” Mr Kearney said. “It’s a different brother.”

The closing speech is expected to finish on Wednesday.