A Co Clare building contractor who walked free from court earlier this year for a €2.594 million Revenue tax fraud may yet face time a custodial sentence.

At Ennis Circuit Court in April, married father of four Patrick Mahony (49) walked free after receiving a suspended three-year jail term for a "significant tax fraud" that had cost the State a "tremendous amount of money".

However, the Courts Service has confirmed that it has received an appeal by the Director of Public Prosecutions (DPP) against what the DPP claims is the undue leniency of the sentence imposed.

The Courts Service spokesman said a date had not yet been fixed for the appeal to be heard at the Court of Criminal Appeal.

In his judgment in April, Judge Gerald Keys said he was prepared to suspend the three-year jail term on Mr Mahony as jailing him would rob his family of their only source of income and put the family home at risk of repossession.

The judge said Mr Mahony had co-operated fully with Revenue, had no previous convictions, had pleaded guilty and had received no monetary gain from his fraudulent conduct.

The judge also fined Mr Mahony €10,000 and give him 12 months to pay the fine.