THE HIGH Court has ruled that prominent republican Thomas "Slab" Murphy was deprived of fair procedures because his solicitor had "wholly ineffective" notice of just four minutes of a special District Court hearing of a DPP application to amend Mr Murphy's return for trial on tax charges.
Mr Justice Iarfhlaith O'Neill yesterday quashed the amended order of January 14th last returning Mr Murphy for trial before the non-jury Special Criminal Court and ordered a hearing before the District Court of the application to amend that order on proper notice of seven days to Mr Murphy and his lawyers.
The judge said his ruling was based on a "tenuous" point raised by Mr Murphy's lawyers and a rehearing was likely to lead to the same result - although it would delay the trial.
However, because of the need for justice to be seen to be done, he believed it was important that the error be corrected and the integrity of the criminal justice system maintained. That was why he was exercising his discretion in remitting the matter.
Mr Justice O'Neill added that a return for trial was an important step in the criminal justice process and Mr Murphy was entitled to be heard in relation to matters regarding it, including this application to amend. It was not for others to anticipate what submissions might be made by an accused relating to a return for trial.
The judge said he was satisfied that Mr Murphy was entitled to be present at the hearing to amend the return for trial order and to be heard on that application. It was also clear the notice to his lawyers of the hearing was "wholly ineffective" through no fault or bad faith on the part of the DPP's solicitor.
The original District Court hearing was scheduled for 9am on January 14th, but Mr Murphy's solicitor Paul Tiernan only learned at 8.56am that day that it was to take place. Mr Tiernan had other cases listed before Monaghan District Court and was unable to attend and the application proceeded and was determined in his absence.
Mr Justice O'Neill said the DPP's solicitor had seen errors in the return for trial document at about noon on Friday, January 11th, and took instructions about what to do about these.
He was later instructed to apply to the District Court to amend the order and a District Court hearing was arranged for 9am on Monday 14th, as the matter was due before the Special Criminal Court on January 15th.
The DPP's office had sent faxes and an e-mail to Mr Tiernan's office after 5pm on Friday, but Mr Tiernan was, not surprisingly, unaware of those until about 9am on Monday. The DPP's solicitor did make phone contact with Mr Tiernan at 8.56am.
Mr Justice O'Neill said the fact that Mr Murphy's lawyers had inadequate notice of the District Court hearing was not due to any bad faith at the DPP's office. The problem was significantly worsened by the fact the DPP's solicitor told the District Court judge that Mr Murphy's solicitor was on notice of the application to amend.
On January 15th, the Special Criminal Court sat and rejected arguments that the return for trial was invalid, the judge noted.
He also noted Mr Murphy had not disputed that he was returned for trial by Dundalk District Court on January 10th last on foot of a certificate from the DPP.
Mr Murphy (58), Ballybinaby, Hackballscross, Co Louth, is being prosecuted on nine charges of failing to furnish tax returns relating to the years from 1996- 1997 to 2004. The charges were brought in November 2007 following an investigation by the Criminal Assets Bureau.
Mr Murphy was returned for trial to the Special Criminal Court by Dundalk District Court last January and is on bail. The trial was put on hold pending the outcome of his High Court proceedings.
