Tax fraud ringleader Francis Devlin appeals prison sentence claiming impact on son's health

A ringleader in a multi-million pound tax fraud should have been spared jail due to the impact on his son, the Court of Appeal heard today.

Francis Devlin, 58, is currently serving a four-year sentence for his role in the biggest ever scam of its kind in Northern Ireland.

Defence counsel argued there were exceptional family circumstances which meant the jail term should have been suspended.

Devlin’s son has a medical condition which has worsened due to his imprisonment, it was contended.

Brendan Kelly KC said: “This is indeed a very serious offence, but you are entitled to suspend (the sentence).

Devlin, of Bristow Park in Belfast, was among 27 people convicted following a decade-long HMRC investigation.

The £5m fraud involved creating a false audit trail so that construction industry clients could operate without paying tax and VAT.

Investigators secretly recorded members of the gang plotting their crimes at accountancy offices in Belfast.

Sixteen bogus companies were created and 56 associated bank accounts used as part of the sophisticated racket.

Devlin, who was a partner in the accountancy firm used as a base, pleaded guilty to conspiring to cheat the public revenue and conspiracy to convert criminal property.

In June this year he was jailed for four years at Belfast Crown Court.

Appealing that sentence, his lawyers did not dispute the length of the term imposed.

Mr Kelly stressed that Devlin had not relied on his son’s condition as a “get out of jail card”.

But it was contended that the trial judge got it wrong in balancing the competing public and private interests in the case.

Liam McCollum KC, for the prosecution, argued that the defence faced a “very high barrier” to establish any flaws in the sentencing process.

Reserving judgment in the appeal, Dame Siobhan Keegan observed: “Should the impact on the child who is a third party… tip the balance in favour of a suspended sentence.

“Everyone can see that the young man is suffering, but unfortunately his father decided to commit some very serious crimes.

“Therein the balance has to be struck.”

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