ALLEGED FORMER IRA chief of staff Thomas “Slab” Murphy and his two brothers have agreed to allow the Criminal Assets Bureau (Cab) hand over to the State some €630,000 seized at the family lands in Co Louth during a joint customs and police cross-Border operation two years ago.
The High Court ruled yesterday the money constituted the proceeds of crime.
The court was told that Patrick and Frank Murphy had given their written consent and had obtained verbal consent from their brother Thomas for the money to be forfeited to the Minister for Finance.
The total amount is some €630,000, made up of €435,000 and £150,000 in cheques, payment orders and cash seized in March 2006 during the raid of the Border farm and business.
Mr Justice Frank Clarke ruled yesterday the money was the proceeds of crime and, with the consent of the sides, ordered that the money be handed over to the State. The court was told a fourth defendant in the case was a company called Ace Oils Ltd, which was described as a vehicle set up to facilitate the generation of the proceeds of crime.
James Doherty, for Cab, said Ace Oils Ltd was incorporated “solely” for this purpose and was now dissolved.
Mr Doherty said the agreement on the handover of the monies was part of a “global settlement” dealing, not only with these proceedings, but also tax matters.
It is understood Patrick and Frank Murphy have reached tax settlements with Cab, while Thomas Murphy is due for trial in the Special Criminal Court on charges that between 1996 and 2004 he failed to deliver tax returns.
The searches of the Murphy lands and business were carried out on March 9th, 2006, by Cab officers, gardaí, Customs and Revenue officers. Simultaneous searches were carried out on the northern side of the Border by the PSNI.
In documents provided to the court when Cab first applied to freeze and dispose of the assets found, Cab’s then head, Det Chief Supt Felix McKenna, said the cash and cheques were found in black plastic bags in a cattle shed owned by Patrick Murphy adjacent to his residence.
Access to the shed was through a gate on a road on the Northern Ireland side of the Border which opened out to a farm complex owned by the Murphys, while access from the South was through a field registered in the name of Patrick Murphy’s wife, Rosemary, he said.
Chief Supt McKenna said Cab had been investigating the Murphys for some considerable time.
He alleged Tom, Frank and Patrick Murphy had been involved in the oil distribution industry and in oil smuggling and money laundering activities for 20 years.
He also alleged Ace Oils Ltd operated from the Murphy family farm and both the farm and the oil company’s yard had buildings in both jurisdictions with the Border going through them.
Yesterday, Mr Justice Clarke said he was satisfied to make a disposal order transferring the money the State. On that basis, the proceedings could be struck out with no order being made on costs, the judge said.