Former minister's case to be sent for trial in the Circuit Court
Paul Cullen
Former Fianna Fáil minister Mr Ray Burke has been served with two additional charges relating to the making of false tax returns in the 1990s.
At a brief hearing in Dublin District Court yesterday, Mr Burke was presented with eight volumes of the book of evidence in his case.
On the direction of the DPP, his case is being sent for trial in the Circuit Court, where he could face a prison sentence of up to eight years.
Although he indicated at an earlier District Court hearing that he would be seeking legal aid, no mention was made of this application yesterday.
Mr Burke will be required to submit a certificate of means to the Circuit Court before his application for legal aid can be considered.
He was charged last December with making false returns on or around December 15th, 1993, under Section 9 of the Waiver of Certain Tax, Interest and Penalties, 1993. The two new charges are technical variations of this charge.
At yesterday's hearing in Court 46, Mr Séamus Cassidy, solicitor, for the DPP, said the book of evidence was ready, and two new summonses had been attached.
Mr Cassidy said the DPP had directed that the case be tried on indictment in the current sitting of the Circuit Court.
There was no objection to continuing bail of €600.
Judge Anne Watkin warned the defendant that if he was planning to provide alibi evidence, 14 days' notice was required. However, she said, this probably wouldn't arise in this case.
Mr Burke, who was accompanied by his solicitor, Mr Vincent Shannon, did not speak during the hearing.
The tax amnesty legislation sets out a list of penalties if someone who availed of it is proven to have broken its terms.
These include a term of imprisonment of up to eight years depending on the sums involved in any breach, and depending on whether the case is tried summarily or, as in Mr Burke's case, on indictment.
The maximum penalties could apply if Mr Burke was tried on indictment in respect of a sum of £100,000 (€127,000) or more.
If found guilty he could face a sentence of up to eight years and/or a fine of up to twice the sum involved.
In November, Mr Burke was served by CAB with a tax demand of over €2 million in respect of income it claims he received but did not declare to the Revenue Commissioners.
CAB has been investigating the former minister since September 2002, shortly after the interim report of the Flood tribunal found he received total corrupt payments of almost €250,000.
The acquisition of his former home in Swords was also found to be corrupt.