Lowry case jury unable to reach verdict on second day

A JURY in the trial of Independent Tipperary TD Michael Lowry is due to resume deliberations today after failing to reach a verdict on its second day of deliberations.

It is the State’s case that Mr Lowry’s company, Garuda Ltd, received Stg £248,624 (€372,000) in commission from Norpe OY, a refrigeration company based in Finland, in August 2002. Mr Lowry allegedly arranged for this payment to be made to a third party, Kevin Phelan, through the Glebe Trust based in the Isle of Man, and therefore it didn’t appear in the company accounts for that year.

It is also alleged that the accounts were then falsified in 2007 to reflect that the payment was received in 2006.

On Wednesday last week, Judge Martin Nolan told the jury a charge of delivering an incorrect tax return for 2002 had been withdrawn.

The remaining charges before the jury relate to corporation tax owed on the €372,000 which the State say should have been paid in 2002.

Mr Lowry, 64, of Glenreigh, Holycross, Co. Tipperary, had pleaded not guilty at Dublin Circuit Criminal Court to four charges of filing incorrect tax returns on dates between August 2002 and August 2007 in relation to a sum of Stg £248,624 received by his company, Garuda Ltd and one charge in relation to failing to keep a proper set of accounts on dates between August 28, 2002 and August 3, 2007.

He also pleaded not guilty on behalf of Garuda Ltd to three similar charges and one charge of failing to keep a proper set of accounts on the same dates.

Judge Nolan told the jurors during his address to them on Friday that the issue in this case was what Mr Lowry knew.

He said the jury must be satisfied beyond a reasonable doubt that Mr Lowry knew the money was not included in the company accounts and tax computations.

The jury of nine men and three women, will resume deliberations this morning on day 11 of the trial.