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Thread: Michael Lowry charged with knowingly filing incorrect tax returns

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    Default Michael Lowry charged with knowingly filing incorrect tax returns

    Mr Lowry is to appear in court today in Thurles before Justice Elizabeth McGrath and she has insisted that the book of evidence be served on him personally. The case resumes at 2.30 this afternoon.


    "Michael Lowry has been ordered to appear before the District Court in Thurles so the book of evidence in a case alleging he filed incorrect tax returns can be served on him personally.

    Mr Lowry is charged with three counts of knowingly filing incorrect tax returns on 31 October 2003 and one further count on 3 August 2007.


    The Independent TD for Tipperary North did not appear at Thurles District Court today.

    Judge Elizabeth McGrath was told the book of evidence in the case was served instead on his solicitor Michael Collins, who has represented him in court on a number of previous occasions in this matter.

    Judge McGrath said she wanted the book of evidence served on Mr Lowry personally.

    She was told while Mr Lowry was not in court this morning, he would be there later this afternoon.

    Judge McGrath adjourned the matter until 2.30pm."



    http://www.rte.ie/news/2014/0401/605...l-lowry-court/

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Sounds like Michael should have put in an appearance.
    Justice McGrath is originally from Nenagh, by the way.

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    "The charges, under section 1078 (2) (A) of the Taxes Consolidation Act, carry a fine of up to €3,000 and/or up to six months in jail, if proven in a District Court and a fine of up to €127,000 and/or up to five years imprisonment, if proven before a jury in the Circuit Court."

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by Spectabilis View Post
    "The charges, under section 1078 (2) (A) of the Taxes Consolidation Act, carry a fine of up to €3,000 and/or up to six months in jail, if proven in a District Court and a fine of up to €127,000 and/or up to five years imprisonment, if proven before a jury in the Circuit Court."
    Probably double his vote come next GE.
    He could always appropriate the old De Valera slogan..
    "Put him in to get him out"

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Judge McGrath has made the order sending him MrLowry for trial to the next sitting of the circuit court in Nenagh on 24 June.
    He, was remanded on his own bail of €500



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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Lowry wants his Garuda case on home ground.

    A company owned by Independent TD Michael Lowry is seeking to have charges of filing false tax returns heard in a court in Tipperary rather than in Dublin.Judge John O’Neill of the Dublin District Court was told yesterday that the registered office of Garuda Ltd, a refrigeration company, was changed from Foxrock, Dublin, to Thurles, Co Tipperary, between the issuing of a summons by the court and the serving of the summons at the Dublin address.
    Justin McQuade, for Garuda, said the court had no jurisdiction to make orders in relation to the case, including whether a summons had been properly served, as the registered office of the company was now in Co Tipperary.
    He said the “simple remedy is to go off to Tipperary” and ask the relevant District Court clerk there to issue the summons, but that the Revenue Commissioners was not choosing to do this.
    http://www.irishtimes.com/news/polit...qFv9NQ.twitter

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by PaddyJoe View Post
    Lowry wants his Garuda case on home ground.


    http://www.irishtimes.com/news/polit...qFv9NQ.twitter
    In Indonesia?

    Garuda Indonesia | Wikipedia

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by PaddyJoe View Post
    Lowry wants his Garuda case on home ground.


    http://www.irishtimes.com/news/polit...qFv9NQ.twitter
    Eh?

    A judge has thrown out a Revenue prosecution brought against a company owned by Independent TD Michael Lowry because a court summons was served at an out-of-date address.Judge John O’Neill ruled he was making “no order” in relation to criminal proceedings against Garuda Ltd, a refrigeration company owned by the former cabinet minister and Independent TD for Tipperary North, which trades under the name of Streamline Enterprises.
    The prosecution at Dublin District Court had been taken by the Director of Public Prosecutions on behalf of the Revenue Commissioners.
    The firm had its registered offices at the Gables, Torquay Road, Foxrock, Dublin, but recently, after 17 years, it had changed its registered office address to Thurles, Co Tipperary.
    It was facing two charges relating to the the filing of incorrect information and incorrect accounts, on or about December 22nd, 2003, in relation to the company’s corporation tax for 2002, contrary to section 1078(2)(a) and (3) of the Taxes Consolidation Act, 1997, as amended by section 211 of the Finance Act, 1999.
    Mr McQuade, for Garuda Ltd, had argued that there were issues in relation to jurisdiction as the summons were issued by a court in Dublin not in Tipperary.He also argued that they were not correctly served in accordance with the district court rules or the Companies Act. They were not delivered to the correct address and the only order the judge could make was “no order”, he had submitted.
    Ms O’Neill, for the State, had said that would mean a company could frustrate a prosecution by continually changing its registered office. She also said summons were accepted by an employee of Garuda Ltd’s accountants.
    She had argued that the purpose of a summons is “a vehicle to obtain the presence of an accused before the court” and as the defendant company was represented at the proceedings, “that cures any defects”.
    She had said the Foxrock address had been Garuda Ltd’s registered office for 17 years, until it was changed in January. It was still their registered address on December 10th when the summonses were initially applied for, she had also said.
    In his ruling, Judge O’Neill said the summons had been served at the company’s previous registered address and he held that the court did not have jurisdiction to deal with the case.
    http://www.irishtimes.com/news/crime...firm-1.1798729

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by PaddyJoe View Post
    I agree. Eh?

    The alleged defect in the summons was remedied by the defendant showing up. And the allegedly defective summons was given to and accepted by an employee, which is a sound method of service.

    I don't get the jurisdictional argument. A summons is issued from the jurisdiction of where the alleged crime is alleged to have taken place, not the homeplace of the defendant.

    That's before one comments on or alleges that it looks very like the address change was to frustrate service. Aside from that, the CRO weren't informed of the change of address or didn't register it until until January. Thus, at the time of service, the summons was served at the registered address.

    Jesus wept...
    Last edited by Seán Ryan; 16-05-2014 at 05:33 PM.

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    as you were

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    That was a neat trick by Lowry to get the case heard in Tipp. Can't see a local jury being too hard on him.

    The trial of Independent TD for Tipperary North Michael Lowry who is charged with filing incorrect tax returns, has been adjourned until September.Mr Lowry of Glenreigh, Holy Cross, Co Tipperary is charged with three counts of knowingly filing incorrect tax returns on 31 October 2003 and one further count on 3 August 2007.
    Nenagh Circuit Court was told the matter had been adjourned by consent, until the next session of the Circuit Criminal Court on 4 September.
    http://www.rte.ie/news/2014/0624/626145-lowry/

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by PaddyJoe View Post
    That was a neat trick by Lowry to get the case heard in Tipp. Can't see a local jury being too hard on him.



    http://www.rte.ie/news/2014/0624/626145-lowry/


    It does look like Lowry is running rings around the Revenue, who should have been more forceful and clinical in their dealings.

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Quote Originally Posted by Stanley 2 View Post
    It does look like Lowry is running rings around the Revenue, who should have been more forceful and clinical in their dealings.
    You'd have thought he'd learned his lesson the first time he got caught. Obviously not.


    "The floggings will continue until morale improves"
    "The floggings will continue until morale improves "

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Lowry wants the charges struck out

    The circuit court will resume consideration next month of an application by former Fine Gael minister Michael Lowry to have four summonses relating to the alleged filing of incorrect tax returns struck out.

    A hearing took place yesterday at Nenagh Circuit Court regarding the summonses which allege that the Independent TD Mr Lowry, aged 60, of Glenreigh, Holycross, Co Tipperary, knowingly filed incorrect tax returns on October 31 of 2003 and on August 3, 2007.

    Mr Lowry was sent forward for trial from the district court to the circuit court earlier this year.

    At Nenagh, Patrick Treacy, for Mr Lowry, said he was asking the court to strike out the proceedings against his client.
    http://www.irishexaminer.com/ireland...ut-291187.html
    Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other. ~Oscar Ameringer

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    Default Re: Michael Lowry charged with knowingly filing incorrect tax returns

    Lowry has been doing his damndest to get this case heard as far away from Dublin as possible but this is getting ridiculous. Where the hell is Nina?



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