Courts

CAB seeking possession of Martin ‘the Viper’ Foley’s home over near €1m tax debt

High Court judgment for €916,960 obtained against 74-year-old is made up of unpaid income tax and interest

Martin Foley, of Cashel Avenue, Kimmage, is fighting the bureau’s demands for possession of his home. File photograph: Marc O’Sullivan/Collins
Martin Foley, of Cashel Avenue, Kimmage, is fighting the bureau’s demands for possession of his home. File photograph: Marc O’Sullivan/Collins
Ray Managh
Tue Dec 10 2024 - 14:51

The Criminal Assets Bureau (Cab) is seeking possession of the Dublin 12 home of Martin ‘the Viper’ Foley on foot of a judgment against him for tax debts totalling almost €1 million.

Judge Geoffrey Shannon was told in the Circuit Civil Court on Tuesday that ongoing court interest charges had added a further €55,000 to an outstanding judgment against Mr Foley for some €916,000.

Mr Foley, of Cashel Avenue, Kimmage, is fighting the bureau’s demands for possession of his home to meet at least part of the outstanding tax debt. He has been joined in the case by his wife, Sonia Foley, who was made a notice party to the proceedings on Tuesday.

Mr Foley, described as a 74-year-old pensioner, is represented by barrister Keith Farry, who appeared with solicitor James MacGuill. Ms Foley (48), represented by barrister John Temple and solicitors Staunton Caulfield, is supporting her husband on the basis that the property being sought by the bureau is her family home.

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Shaula Connaughton Deeny, counsel for Cab, told the court that judgment had been obtained against Mr Foley and although the sheriff had attended at his home to seize goods and chattels, only €2,503 had been raised.

The bureau claims that Mr Foley is the registered owner with his late wife, Pauline Foley, of the Kimmage property and is asking Judge Shannon for a well charging order against it which would give it leave to possess and sell the property.

The €916,960 High Court judgment obtained by Cab is made up of unpaid arrears of income tax and interest, the court heard.

Mr Foley has told the court he has no other assets and any previous assets he owned have been taken to repay his debts. He said in an affidavit that he and Sonia have lived together in their home since they were married in 2013, a year before the judgment against him.

Ms Foley, in an affidavit, stated that she was an unemployed social welfare recipient. She said she would be defending the application against her family home and principal private residence. She stated that she was not liable for or in any way connected to the claimed debt.

“It is my only property, my home and, based on my age, income and financial position, there is no reality to me purchasing a new home,” she stated. “I have at least a 50 per cent interest in the family home.”

After directing that Ms Foley be joined to the proceedings as a notice party, Judge Shannon put the matter back until the beginning of March.

Mr Foley was born in Derry but moved to Dublin when he was a child. He was a one-time member of the crime gang headed by Martin ‘the General’ Cahill and was dubbed ‘the Viper’ by the media. He survived after being shot and wounded in a number of gangland attacks.

He later took ownership of the moniker when he set up a debt collection business, with a ‘The Viper’ logo emblazoned on his company van. The company is no longer trading.