An application has been made at Clonmel Circuit Court to have a trial involving Tipperary North TD Michael Lowry, who is accused of filing incorrect tax returns, moved to Dublin. The State claims a jury in Tipperary may be biased. Michael Lowry's legal team claim the whole case against him is tainted with illegalities.
Mr Lowry, Glenbeigh, Holycross, Co Tipperary, is due to stand trial in the autumn on a number of charges alleging he filed incorrect tax returns in 2003 and 2007. He denies the charges.
Clonmel Circuit Court heard yesterday that a great number of voters in North Tipperary had voted for Mr Lowry over many elections, and the State claimed that it would be a manifest injustice to have the trial in Tipperary. Mr Lowry’s legal team argued, however, that the case against him was tainted and corroded by illegalities.
They claim that Mr Lowry has no liability for the alleged tax due and that this has been backed up by two sets of expert accountants. They also say the money that is the subject of the charges is also the subject of an appeal to the Revenue Commissioners.
They claim that Mr Lowry has been the subject of considerable and prejudicial media coverage in the national media and in particular, by the Sunday Independent newspaper, which, they claim, has conducted a savage and systematic campaign of vilification against him. His defence team is seeking a root-and-branch discovery in relation to the Sunday Independent and other parties, in order to show this campaign to the court.
They also say that the private financial affairs of Mr Lowry and a series of raids at his home and offices were leaked to the media, and that a senior officer of the Criminal Assets Bureau is now investigating matters related to those raids.
Judge Tom Teehan will give his decision on the submissions before him on October 2nd.