Michael Lowry withdraws appeal over failed bid to stop tax trial

Independent TD allegedly filed incorrect tax returns in 2003 and 2007

Independent TD for Tipperary, Michael Lowry (60) of Glenreigh, Holycross, Co Tipperary, leaves the Dublin Circuit Criminal Court on Wednesday  after receiving a date for his trial to go ahead in March 2017. Photograph: Collins Courts.
Independent TD for Tipperary, Michael Lowry (60) of Glenreigh, Holycross, Co Tipperary, leaves the Dublin Circuit Criminal Court on Wednesday after receiving a date for his trial to go ahead in March 2017. Photograph: Collins Courts.

Independent TD Michael Lowry has withdrawn an appeal against the High Court's refusal to stop his trial for tax offences.

Mr Lowry (60), of Glenreigh, Holycross, Co Tipperary is facing charges at Dublin Circuit Criminal Court that he allegedly filed incorrect tax returns in 2003 and 2007.

Earlier this week, lawyers for the prosecution and defence agreed in court that his trial could go ahead in March 2017.

In the High Court, Mr Lowry contended that he was entitled to prohibition orders on grounds of unfairness, breach of his right to a fair trial, alleged prejudicial publicity and alleged wrongful release of taxpayer information into the public domain.

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However, dismissing his bid in February, Mr Justice Seamus Noonan said Mr Lowry's judicial review challenge was based on many "ingenious and even superficially attractive" arguments which were "in truth, devoid of any substance and ultimately built on a foundation of sand".

During his attempt to have the case thrown out, Mr Lowry had maintained his innocence and had signalled his intention to appeal the High Court’s decision.

However, during case management procedures in the Court of Appeal on Friday, lawyers for the Tipperary TD told Mr Justice George Birmingham that the appeal had been withdrawn.

Mr Lowry was not in court for the procedural matter.

On Tuesday, he was ordered to pay legal costs for his unsuccessful High Court action.