A notable aspect of McGahon’s political career is his stand against the Provisional IRA when that organisation’s campaign of violence is at its height. At great personal risk, he refuses to close his newsagents shop in Dundalk during the funerals of the hunger strikers in 1981. He takes another huge risk a few years later when he gives evidence in the High Court in support of The Sunday Times, which is being sued for libel by Thomas Murphy for accusing him of directing an IRA bombing campaign in Britain. Local Gardaí are ordered not to get involved in the case, but McGahon is not deterred from giving evidence that helps the newspaper to defend the claims being made against it by Murphy.
A maverick and outspoken TD, McGahon is known to speak his mind on many issues including divorce, crime, and single mothers. He once advocates that pedophiles should be castrated as part of their prison sentence and is the only TD to oppose the referendum to abolish the death penalty from the Constitution. He also argues that those under 21 years of age should not be able to drive or drink. He is a member of the World Anti-Communist League and opposes the decriminalisation of homosexuality. In 1993, he is the only TD to oppose the decriminalisation of homosexuality and says in the Dáil that:
“I regard homosexuals as being in a sad category, but I believe homosexuality to be an abnormality, some type of psycho-sexual problem that has defied explanation over the years. I do not believe that the Irish people desire this normalisation of what is clearly an abnormality. Homosexuality is a departure from normality and while homosexuals deserve our compassion, they do not deserve our tolerance. That is how the man in the street thinks. I know of no homosexual who has been discriminated against. Such people have a persecution complex because they know they are different from the masses or normal society. They endure inner torment, and it is not a question of the way others view them. The lord provided us with sexual organs for a specific purpose. Homosexuals are like left-hand drivers driving on the right-hand side of the road.”
On the other hand, McGahon speaks out strongly against the influence of the drink industry and defies his own party whip to vote with his left-wing friend Tony Gregory in favour of banning of hare coursing. He is also on good personal terms with members of the Oireachtas such as Michael D. Higgins and David Norris despite holding fundamentally opposed views to them.
McGahon does not contest the 2002 Irish general election and retires from politics.
McGahon lives in Ravensdale, County Louth. His son Conor is a Louth County Councillor from 1991 to 1999 and his brother Johnny is a Louth County Councillor from 1995 to 2004. Johnny’s nephew, John McGahon, is elected to Louth County Council at the 2014 Irish local elections and to Seanad Éireann in 2020.
McGahon dies at the age of 80 on February 8, 2017, following a short illness. Following a Mass at St. Patrick’s Cathedral on February 11, he is buried afterwards in St. Patrick’s Cemetery.
Accused by The Sunday Times of directing an IRA bombing campaign in Britain, in 1987 Murphy unsuccessfully sues the paper for libel in Dublin. The original verdict is overturned by the court of appeal because of omissions in the judge’s summing up and there is a retrial, which he also loses. At the retrial, both Sean O’Callaghan and Eamon Collins, former members of the Provisional Irish Republican Army, testify against Murphy, as do members of the Gardaí, Irish customs officials, British Army and local TDBrendan McGahon. Collins, who had also written a book about his experiences, Killing Rage, is beaten and killed by having a spike driven through his face near his home in Newry eight months later. In 1998, a Dublin court dismisses Murphy’s case after a high-profile trial, during which Murphy states that he has “never been a member of the IRA, no way” and claims not to know where the Maze prison is located. The jury rules, however, that he is an IRA commander and a smuggler.
The Sunday Times subsequently publishes statements given by Adrian Hopkins, the skipper who ferries weapons from Libya to the IRA, to the French authorities who intercept the fifth and final Eksund shipment. Hopkins details how Murphy met a named Libyan agent in Greece, paid for the weapons to be imported, and helped unload them when they arrived in Ireland. According to A Secret History of the IRA by Ed Moloney, Murphy has been the IRA Army Council’s chief of staff since 1997. Toby Harnden’s Bandit Country: The IRA & South Armagh also details Murphy’s IRA involvement.
On September 20, 2016, the BBC‘s Spotlight airs a programme in which an alleged British spy who had infiltrated the IRA claims that in 2006, Murphy had demanded the killing of Denis Donaldson, an IRA member and British informer, in order to maintain discipline. The BBC says it had tried to contact Murphy but had received no reply. He has yet to respond to the allegation. On September 23, 2016, the Donaldson family’s solicitor says that the allegation is “absolute nonsense.”
In October 2005, officers of the British Assets Recovery Agency and the Irish Criminal Assets Bureau carry out raids on a number of businesses in Manchester and Dundalk. It is extensively reported in the media that the investigation is aimed at damaging the suspected multi-million-pound empire of Murphy, who according to the BBC’s Underworld Rich List, has accumulated up to £40 million through smuggling oil, cigarettes, grain and pigs, as well as through silent or partial ownership in legitimate businesses and in property.
A large, purpose-built underground chamber that Gardaí believes the IRA used for interrogation is discovered close to Murphy’s home.
In his first-ever press release, issued on October 12, 2005, Murphy denies he owned any property and denies that he had any links with co-accused Cheshire businessman Dermot Craven. Furthermore, he claims that he had to sell property to cover his legal fees after his failed libel case against The Sunday Times, and that he made a living from farming.
On March 9, 2006, police, soldiers and customs officials from both sides of the Irish border launch a large dawn raid on Murphy’s house and several other buildings in the border region. Three persons are arrested by the Gardaí but are released three days later. A fleet of tankers, computers, documents, two shotguns, more than 30,000 cigarettes and the equivalent of 800,000 euros in sterling bank notes, euro bank notes and cheques are seized. Four diesel laundering facilities attached to a major network of storage tanks, some of which are underground, are also found. The Irish Criminal Assets Bureau later obtains seizure orders to take possession of euro cash and cheques and sterling cash and cheques, together worth around one million Euros.
Sinn Féin President Gerry Adams makes a public statement in support of Murphy following the March 2006 raids. Under political and media pressure over allegations of the IRA’s continued presence in South Armagh, Adams says, “Tom Murphy is not a criminal. He’s a good republican and I read his statement after the Manchester raids, and I believe what he says and also and very importantly he is a key supporter of Sinn Féin’s peace strategy and has been for a very long time.” He adds, “I want to deal with what is an effort to portray Tom Murphy as a criminal, as a bandit, as a gang boss, as someone who is exploiting the republican struggle for his own ends, as a multimillionaire. There is no evidence to support any of that.”
Murphy is arrested in Dundalk, County Louth, on November 7, 2007, by detectives from the Criminal Assets Bureau, on charges relating to alleged revenue offences. The following day, he is charged with tax evasion under the Tax Consolidation Act. He is later released on his own bail of €20,000 with an independent surety of €50,000.
On October 17, 2008, in an agreed legal settlement, Murphy and his brothers pay over £1 million in assets and cash to the authorities in Britain and the Republic in settlement of a global crime and fraud investigation relating to proceeds of crime associated with smuggling and money laundering. After an investigation involving the Irish Criminal Assets Bureau and the UK’s Serious Organised Crime Agency, more than 625,000 euros (£487, 000) in cash and cheques is confiscated by the Republic’s courts, while nine properties in North West England worth £445,000 are confiscated by British courts. Murphy is still fighting a claim in the Republic’s courts for tax evasion, relating to non-completion of tax returns for eight years from 1996. On April 26, 2010, he is further remanded on bail.
In 2011, there are claims that Murphy had become disillusioned with the Northern Ireland peace process and that he had fallen out with Sinn Féin. However, there is no evidence to support he is sympathetic to any dissident republican groups. In March 2013, the Garda and the Police Service of Northern Ireland (PSNI), along with members of the Irish Customs Authority and HM Revenue and Customs (HMRC), raid his farm on the Louth-Armagh border. The Sunday World reports that two hours prior to the raid, at approximately 4:00 a.m., fire is seen coming from Murphy’s yard. There are serious concerns within the Garda and PSNI that a mole may have tipped off Murphy about the raid hours earlier as laptops, computer disks and a large amount of documentation is destroyed in the fires. As a result, an internal Garda investigation takes place.
On December 17, 2015, Murphy is found guilty on nine charges of tax evasion by a three-judge, non-jury Special Criminal Court trial sitting in Dublin, lasting nine weeks. He is tried under anti-terrorist legislation due to the belief by the Director of Public Prosecutions (DPP) that there would not be a fair trial because of the potential of the intimidation of prosecution witnesses and jurors, and the security surrounding the trial.
Murphy is found guilty on all charges of failing to furnish tax returns on his income as a “cattle farmer” between 1996 and 2004. He is prosecuted following a 14-year-long Criminal Assets Bureau investigation, which during a raid of his property uncovers bags with more than €250,000 and more than £111,000 sterling in cash, along with documents, diaries and ledgers. He is remanded on bail until early 2016 for sentencing.
On February 26, 2016, Murphy is sentenced to 18 months in prison. None of the jail term is suspended. Following sentencing, he is immediately transferred from court to Ireland’s highest-security prison, Portlaoise Prison, reserved for terrorists, dissident republicans and serious gangland criminals, under a heavily armed Garda and Irish Army escort due to security concerns.
Murphy appeals the conviction in November 2016. His lawyer, John Kearney, claims that the tax Murphy had not paid had in fact been paid by his brother, Patrick. The Court of Appeal dismisses the appeal on all grounds in January 2017.