THE Criminal Assets Bureau will be selling Martin ‘The Viper’ Foley’s home in 18 months time unless he comes up with almost €1million to pay off outstanding tax debts.
Judge Fiona O’Sullivan, in a reserved judgment, today granted CAB a well-charging order against the property at 114 Cashel Avenue, Kimmage, Dublin.
However, due to Foley and his wife having a nine-year-old daughter she granted a stay on her order until September next year.
The judge said the stay was in the interests of the child.
Barrister Shaula Connaughton-Deeny, who appeared with State Solicitor Emma Griffin for CAB, had opposed applications by colleagues Keith Farry and John Temple, who appeared for Foley and his wife, Sonia, for stays, including a nine-year one until the couple’s daughter was 18.
Judge O’Sullivan said the court would grant a stay on her order for 18 months and said that if the debt had not been paid off in that time CAB could seek court directions relating to the sale of the property.
Mrs Foley had told the judge that if CAB was permitted to sell the property she and the couple’s nine-year-old daughter would be left homeless.
Judge O’Sullivan said Mr Foley, described as a 74-year-old pensioner, and his wife, who is on social welfare and who had been made a notice party to the proceedings, had not made out a case to resist CAB being granted a well-charging order against their home.
Judgment for €916,960 relating to unpaid taxes had already been granted to CAB.
The couple had claimed they had lived together since they were married in 2013, a year prior to the judgment against them. Mrs Foley was claiming a half share in the house.
The judge heard that while the Sheriff had attended at the Foley property to seize goods and chattels all that had been raised was €2,503.
Ms Connaughton-Deeny had told the court Mr Foley was the registered owner of the Kimmage property with his late wife, Pauline Foley.
HOME PLAN
Foley had said he was willing to engage in a mortgage-to-rent scheme whereby CAB could sell the house, but he would live in it with his wife and child and make weekly or monthly contributions through a “payment plan”.
He was also willing to hand over to CAB “the benefit of two defamation actions” he is taking against the BBC and Penguin Books.
