The Dublin criminal Martin Foley, known as ‘the Viper’, has been ordered to pay €738,449 in tax, interest and penalties after losing an appeal against the Criminal Assets Bureau .
The 68-year-old, who was born in Derry but whose family moved to Dublin when he was a child, has survived being shot and wounded in a number of gangland attacks. In February 2002, Foley unsuccessfully brought an appeal against the assessment, with the the net effect being that the monies were finally due.
The High Court rejected his case and Foley appealed to the Court of Appeal. Having heard arguments on October 7th last from Foley’s counsel and Cab, the three- judge court reserved its decision.Michael O’Higgins SC, for Foley, argued that there was no dispute on the facts of the case but there was an overarching supervisory function of the courts to ensure such matters were prosecuted quickly. He submitted that there was a failure by the High Court to attribute sufficient weight to the delay.
Ben Ó Floinn SC, for Cab, said there was no dispute that Foley was in breach of his obligations. Under the relevant tax legislation, there is no provision for “stopping the clock” in relation to a demand, he said. The power to stop the clock always rested with the taxpayer, he argued.