Application to move Lowry trial to Dublin

Monday 28 July 2014 20.47
Michael Lowry's legal team claim the case against him is tainted with illegalities
Michael Lowry's legal team claim the case against him is tainted with illegalities

An application has been made at Clonmel Circuit Court to have a trial involving Tipperary North TD Michael Lowry, who is accused of filing incorrect tax returns, moved to Dublin.

The State claims a jury in Tipperary may be biased.

Judge Tom Teehan will give his decision on the submissions before him on 2 October.

Mr Lowry's legal team claims the whole case against him is tainted with illegalities.

He is due to stand trial in the autumn on a number of charges alleging he filed incorrect tax returns in 2003 and 2007, charges he denies.

Clonmel Circuit Court heard today that Mr Lowry had consistently got between one quarter and one third of the vote every time he was elected, and that a great number of voters in North Tipperary therefore will have voted for him.

The State claims that it would be a manifest injustice to have the trial in Tipperary.

Mr Lowry's legal team claims that Mr Lowry has no liability for the alleged tax due and that this is backed up by two sets of expert accountants.

They also say that the monies which are the subject of the charges are also the subject of an appeal to the Revenue Commissioners.

They also say that Mr Lowry has been the subject of considerable and prejudicial media coverage in the national media, in particular by the Sunday Independent newspaper, which they claim has conducted a savage and systematic campaign of vilification against him.

His team are seeking a root and branch discovery in relation to the Sunday Independent and other parties, in order to show this campaign to the court.

They also say that the private financial affairs of Mr Lowry and a series of raids at his home and offices were leaked to the media, and that a senior officer of the CAB is now investigating matters related to those raids.