Former Fianna Fáil government minister Ray Burke is tonight preparing to spend his first night behind bars after he was sentenced to six months in jail when he pleaded guilty to two charges related to tax offences.
Burke was photographed and finger-printed at Mountjoy Prison before being transferred to the Arbour Hill prison in Dublin's Stoneybatter area.
In passing sentence, Judge Desmond Hogan told the Dublin Circuit Criminal Court that he had taken mitigating circumstances into account in handing down the sentence.
He said Burke's age, state of health and guilty plea worked in his favour and that under other circumstances a more severe sentence may have been imposed. He refused the former Fianna Fáil TD leave to appeal the sentence.
Mr Burke stood impassively as he was sentenced on two counts of lodging false tax returns more than 10 years ago and was given six months for each offence - to run concurrently.
Burke (61), of Griffith Downs, Drumcondra, faced a sentence of up to five years and a fine up to €127,000.
He admitted at Dublin Circuit Criminal Court last July to not declaring £91,980 in 1993 when the Government declared a tax amnesty. He also pleaded guilty to failing to declare income of £24,038, bringing the total of undeclared income to £116,038 in the same year.
Judge Hogan listed the Government positions held by Burke since he first entered the Dáil in 1973. He first joined the cabinet in 1980 as minister for the environment and up until 1997 served in various roles as minister for energy, minister for justice and minister for foreign affairs.
Listing mitigating factors, Judge Hogan said Burke was now tax compliant and up-to-date. He said Burke had paid "considerable penalties" in regard to the amount before the court and had fully co-operated with the Revenue, had pleaded guilty at an early stage and had saved the State a lengthy, costly and complicated trial.
However, Judge Hogan said that at the time of the offences Burke was a member of the Oireachtas and because of his special position as a legislator he committed a breach of trust relevant to his position.
Burke was investigated by the Mahon tribunal when it was chaired by Mr Justice Flood and was found to have received more £200,000 in corrupt payments from builders and other businessmen. Subsequent investigations by the Criminal Assets Bureau led to the conviction on tax offences.
Lawyers for Burke had pleaded with the Judge Desmond Hogan not to send him to jail, saying he should not be treated any differently because he is a former minister.
He is the first minister jailed as a result of the work of a number tribunals investigating alleged political corruption during the 1970s and 1980s.
He already faces legal bills estimated to be in excess of €10 million after the chairman of the planning tribunal, Judge Alan Mahon, refused application for costs last September.
