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The trial of Tipperary Independent TD Mr Michael Lowry, latter accused of allegedly filing incorrect income tax returns some 16 years ago and of allegedly conniving in the delivery of incorrect corporation tax returns for the years ending 2002 and 2006, has been adjourned until next Monday (June 11th) by today’s presiding judge, at the Dublin Central Criminal Court, Mr Justice Cormac Quinn BL.
The case is understood to have been adjourned due to the failure by the Revenue Commissioner to make available their first witness, named as Mr Fred Ramberg from the Finish Company Norpe OY; latter Company which transacted business with Mr Lowry’s Company Garuda Ltd.
Perhaps the most unusual request at today’s hearing was the invitation by Revenue Barrister Mr Remy Farrell SC that Mr Lowry should delete a statement, which he wrote yesterday on his Facebook page.
Statement (to which we linked on June 5th last) and which has now been deleted from Mr Lowry’s Facebook, had read:
 “As you are probably aware I have a very difficult number of weeks ahead. It is going to be time consuming, demanding and obviously stressful. The Revenue Commissioners have brought charges against me and my Company for alleged offences which have their genesis in a 2002 transaction – 16 years ago.
Together with my company we will deny the charges and vigorously defend our position in the Trial which begins tomorrow and is expected to last 3 weeks.
It is my view that the Revenue Commissioners have been very selective in their approach. This action by the Revenue Commissioners is part of a 21- year programme of enquiries and investigations against me. My legals tell me that the case could and should have been dealt with at District Court level. However, Revenue successfully applied to have the case moved out of Tipperary to Dublin Circuit Criminal Court before a Dublin based Jury. The Revenue’s stated position is that I was too popular in Tipperary to be judged by my peers and that they have a better chance of convicting me in Dublin.
My personal tax affairs and that of Garuda T/A Streamline Enterprises are in compliance. The Revenue raised assessments against me personally and the Company declaring that there was €1million in undeclared taxes. My Accountants utterly refuted this suggestion.
This assessment was appealed to the independent highest taxation authority, The Appeal Commissioners. The Independent Appeal Commissioners independently heard both sides of the argument. The Appeal Commissioners unanimously rejected the Revenues assertion that there was outstanding monies due. They found that neither I or the Company owed any money and that we had no tax liability. The Revenue were proved wrong but still proceeded with the charges which will be the subject of the court case starting tomorrow.”
No reason was given in court for the request to delete the above statement from Mr Lowry’s social media platform, however we can only assume that a sentence in his declaration, which read “The Revenue’s stated position is that I was too popular in Tipperary to be judged by my peers and that they have a better chance of convicting me in Dublin”, may have offended Revenue Inspector Mr Timothy Lester and his officials. However, it is a fact, which cannot be denied, that the Director of Public Prosecutions (DPP) had previously secured an order which transferred Mr Lowry’s trial from the Tipperary Circuit Criminal Court to the Dublin Circuit Criminal Court, thus in real time confirming the statement initially made on Facebook by Lowry, which he has now deleted at the request of the Revenue Commissioners.
One other reason for this unusual request may be the fact that no Jury Members were selected from the Jury Panel, as had been anticipated today, and since same were not ordered to avoid reading comments discussed on social media and by the press, regarding today’s cancelled trial, the panel remained free to view Mr Lowry’s Facebook page.
A Jury of Mr Lowry’s peers will now be sworn in on Monday morning next, June 11th, with the trial expected to begin possibly after lunch.
The Dublin Central Criminal Court, situated at Parkgate Street, Phoenix Park, Dublin 8, is expected to be the venue on Wednesday (June 6th) next, in the trial of Tipperary Independent TD Mr Michael Lowry, latter accused of allegedly filing incorrect income tax returns for the year 2002 (some 16 years ago) and of allegedly conniving in the delivery by his company, Garuda Ltd., (latter a refrigeration company owned by the former cabinet minister) of incorrect corporation tax returns for the years ending 2002 and 2006.
The Director of Public Prosecutions (DPP) had previously secured an order transferring this trial from the Tipperary Circuit Criminal Court to the Dublin Circuit Criminal Court. This secured order was perceived as stating in effect that a Tipperary jury could not be trusted to comply with their oath or indeed any warning given by a trial judge.
We understand that the case taken by the Revenue Commissioners will be heard by Mr Justice Martin Nolan. Judge Martin Nolan will be remembered for his imposition of a previous sentence based on his principles of ‘punishment and deterrence’, in the jailing of Mr Paul Begley, head of the fruit and vegetable importers Begley Brothers Ltd, Blanchardstown, Dublin, whom he jailed in March 2011, after the latter admitted avoiding customs duty on garlic imported from China.
Later, in March 2013 the Court of Criminal Appeal (CCA) ruled that Mr Justice Nolan had erred in principle by overlooking, or not properly valuing, a number of mitigating factors which had been pleaded on Mr Begley’s behalf and that the landmark Revenue sentence was not proportionate to the crime committed.
Mr Lowry over the past number of years has strongly denied charges of allegedly filing incorrect income tax returns for the year 2002 and of conniving in the alleged delivery by his company Garuda, in incorrectly filing Corporation Tax returns for the years ending 2002 and 2006.
He also denies a fifth charge, brought under provisions of the Companies Act, of wilfully causing a company to fail to keep proper accounts, between August 28th 2002 and August 3rd 2007. The transaction which gave rise to the prosecution involved a €372,000 payment, due to Garuda by a Finnish company, Norpe OY.
This prosecution was initially grounded on Revenue calculations that Mr Lowry had a personal tax liability of some €516,000, including interest and penalties, while Garuda had a liability of some €510,000, however those calculations were later disproven by Revenue Appeals Commissioners, who confirmed that Mr Lowry had no tax liability and Garuda had a €38,000 liability, which had been long since paid.
Their was no suggestion that Revenue officers had acted in bad faith, but all had operated on the wrongful conclusion that Mr Lowry and his company had a global tax liability of some €1m.
This unusual 16 year old Revenue prosecution case, is expected to be found extremely difficult to comprehend by any sworn body of people, (jury) convened to render an impartial verdict, officially submitted to them by a court.
Lowry welcomes the inclusions of Thurles & Clonmel in the Government’s €4bn Rural Development; Urban Regeneration; Climate Action and Innovation – Project Ireland 2040 Initiative.
Speaking following the announcement; Tipperary’s Independent Deputy Mr Michael Lowry stated that he was delighted that both Thurles and Clonmel have been included in the Government’s €4bn Rural Development, Urban Regeneration, Climate Action and Innovation – Project Ireland 2040 urban and rural development initiative.
There will be 4 new funding options available under the scheme which is part of Project Ireland 2040, and will see €4 billion invested in qualifying areas over the next 10 years.
The breakdown of the funding options nationally are as follows:-
• €2 billion: Urban Regeneration and Development Fund – aimed at encouraging sustainable growth in Ireland’s five cities and other large urban centres.
• €1 billion: Rural Development Fund – aimed at supporting job creation in rural areas and support improvements in towns and villages.
• €500 million: Climate Action Fund – to support initiatives that contribute to the achievement of Ireland’s climate and energy targets.
• €500 million: Disruptive Technologies Fund – to be invested in the development and deployment of disruptive innovative technologies.
The Deputy stated, that this fund will require a collaborative approach between Government Departments, Local Authorities, Local Agencies, Public Bodies, and the Private Sector; all where appropriate. These agencies will work closely with local communities to transform our rural towns and villages and outlying rural areas; in conjunction with regional and local development plans for that area.
“The inclusion of Thurles and Clonmel is extremely welcoming and the application process will open in the coming weeks”, concluded Deputy Lowry.
Independent TD Mr Michael Lowry has today stated that he is delighted to confirm that both Nenagh and Golden in Co. Tipperary, are to be included in the Governments new Flood Management plan; each to be viewed as an individual priority scheme.
The flood relief schemes for both areas have now been sanctioned by Mr. Kevin ‘Boxer’ Moran, T.D., Minister of State with responsibility for the Office of Public Works (O.P.W ) and Flood Relief. Same schemes are scheduled to progress with sufficient funding guaranteed to completed all the necessary works. Flood Relief Schemes for these areas are estimated to cost €2 million, which is now guaranteed by the O.P.W.
The O.P.W in conjunction with Tipperary Co. Council Engineers, will further examine all available options and solutions before implementing agreed appropriate engineering strategy to avert future flooding events in both these areas.
“While the total costs cannot be determined until a specific design is sanctioned; the estimated combined cost of both schemes of €2 Million is wholly and absolutely guaranteed”, stated Deputy Lowry.
 Thursday April 26th, 2018 – Picture A shows potholes deemed suitable for filling this week. Picture B shows neglected potholes deemed unsuitable for filling due to cutbacks in rural Ireland. Thurles, like a lot of midland rural towns, has had its heart ripped out by the recent recession. Its inhabitants have watched helpless as their young people were forced to travel abroad and yes failed by those whom they elected to rule over us.
Today, Thursday April 26th, 2018, €22m of European support was announced for a Bio-Based Industries Joint Undertaking between the European Union and the private sector. The project is to be based at a new bio-economy campus in Lisheen, Co. Tipperary, converting AgriChem Whey dairy by-product, know as ‘whey permeate’, into lactic acid. This product can be used in industry as a biodegradable plastic; bio-based fertiliser and minerals, according to the project’s promoters.
Politicians and County Councillors lined up for radio interviews this morning, all seeking credit; all not contradicting themselves, but none of them able to confirm a start date. [No doubt an official opening will be organised just before the next election]. Some of them thought it was a €21 million fund; others spoke of €30 million; some spoke of massive job creation for locals; others agreed that those holding bio-economy science degrees in Tipperary were scarce on the ground, suggesting outside job creation to be most likely. None were asked to explain bio-economy.
Meanwhile back in Thurles on Thursday April 26th, 2018, Council staff carry out their boring Thursday routine, filling the potholes in the town. This week they continue to make saving to our local town exchequer, by filling only potholes of a certain depth with poor quality cold tarmac. Next Thursday they will fill the holes again, and the following Thursday, and the following Thursday and so it goes; “like a circle in a spiral, like a wheel within a wheel, never ending or beginning on an ever-spinning reel”.
This is the joke folks: We are being asked to believe that these elected representatives, from all political groupings, attracted €22 million of European financial support, while at the same time unable to properly regulate / control / administrate / govern, the filling of one simple pothole.
The EU must be a right ‘soft touch’.
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