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Burke gets six months in prison for tax offences

Former government minister Ray Burke has been sentenced to six months in jail for tax offences.

In sentencing, Judge Desmond Hogan told Dublin Circuit Criminal Court that he had taken into account mitigating circumstances in handing down the sentence.

He said Burke's age, state of health and guilty plea worked in his favour and that under other circumstances a more severe sentence may have been imposed. He refused the former Fianna Fáil TD leave to appeal the sentence.

He was sentenced on three counts of lodging false tax returns more than 10 years ago and given six months for each offence - to run concurrently.

Burke (60), of Griffith Downs, Drumcondra, faced a sentence of up to five years and a fine up to €127,000. He admitted at Dublin Circuit Criminal Court last July to not declaring £91,980 in 1993 when the Government declared a tax amnesty.

He also pleaded guilty to failing to declare income of £24,038, bringing the total of undeclared income to £116,038 in the same year.

Burke was investigated by the Mahon tribunal when it was chaired by Mr Justice Flood and was found to have received more £200,000 in corrupt payments from builders and other businessmen. Subsequent investigations by the Criminal Assets Bureau led to the conviction on tax offences.

Lawyers for Burke had pleaded with the Judge Desmond Hogan not to send him to jail, saying he should not be treated any differently because he is a former minister.

He is the first minister jailed as a result of the work of a number tribunals investigating alleged political corruption during the 1970s and 1980s.

He already faces legal bills estimated to be in excess of €10 million after the chairman of the planning tribunal, Judge Alan Mahon, refused application for costs last September.

(Irish Times)
 
On a technical point - how can he be liable for court costs of 10 million when these tribunals/investigations are funded from the public purse? Does this mean that the Flood tribunal actually has not cost the State anything?
 
Any payment of costs for the Planning Tribunal has to be approved by the Chairman. Mr Justice Mahon denied payment of Burke's legal fees for a number of reasons, but largely because Burke did not co-operate with the tribunal investigations.
 
I know it is the way that the system operates but why should his age be a mitigating factor. Surely this means that he just got away with it for longer and should have no bearing on the sentence.

Also the fact that he pleaded guilty? He only did this once all the corruption had been brought out into the open by the Flood Tribunal, and he just couldn't deny it. As you point out, he did not co-operate with the tribunal, and as far as I remember there was all this crying from Bertie and his Fianna Fail buddies about the press hounding an innocent man. (What was that phrase about Bertie looking up every tree in North COunty Dublin?)


Pierce
 
IMHO the punishment should fit the crime.

Burke, and others who manipulated the planning process for their own benefit, should be required to live in an area blighted by poor planning, i.e. live in a estate without a car where you have to get a bus to get to the supermarket and the bus service is irregular.

In 6 months, he'll have done his punishment and have his Dail pension to sustain him for the rest of his years. Those whose lives are affected by the planning decisions he bought must go on ..
 
" i.e. live in a estate without a car where you have to get a bus to get to the supermarket"

As I understand it there are a large number of employees of Dublin City Council and the DTO who believe that this is the way forward.
 
While I am glad to see him get his punishment and hope he's not the last I do think that he had grounds for appealing the Judges finding with regards to his fees. AFAIK it was found that he didn't cooperate with only one of the modules and did cooperate with the rest. If this is the case he should be entitled to his costs for those modules. I don't like the idea that tax payers money goes to his lawyers but if those are the rules then they should be followed.
 
Ray Burke

6 mth sentence is about right, in my view, for the offences he was convicted of. We need to remember he wasn't actually tried on corruption charges per se, these would have been harder to prove, as evidenced by George Redmond getting his conviction overturned.
 
Re: Ray Burke

Olivia O'Leary recounts an incident involvong Ray Burke. She was covering politics during the 80's for both the BBC and RTE. She met Burke in Leinster House. Burke, who had no time for RTE or the people who worked there, barked at her that he hoped she was declaring both sources of income to the Revenue Commissioners, and that her tax affairs were in order!!
 
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