The Criminal Assets Bureau (Cab) will be selling Martin ‘The Viper’ Foley’s Dublin home in 18 months time unless he comes up with almost €1 million to pay off outstanding tax debts.
Judge Fiona O’Sullivan, in a reserved Circuit Civil Court judgment, granted Cab a well-charging order against the property on Cashel Avenue, Kimmage.
However, due to Foley and his wife having a nine-year-old daughter, she granted a stay on her order until September of next year in the interests of the child.
Barrister Shaula Connaughton-Deeny, who appeared with State Solicitor Emma Griffin for Cab, had opposed applications by Keith Farry and John Temple, who appeared for Foley and his wife, Sonia, for stays, including one until their daughter turned 18.
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Judge O’Sullivan said the court would grant a stay on her order for 18 months and if the debt had not been paid off in that time, Cab could seek court directions relating to the sale of the property.
Ms Foley had told the judge that if Cab was permitted to sell the property she and their daughter would be left homeless.
Foley, once a prominent gangland figure, has more than 60 criminal convictions for offences including for assault, robbery and possession of weapons.
Judge O’Sullivan said Mr Foley, described as a 74-year-old pensioner, and his wife, who is on social welfare and who was 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 claimed they had lived together since they were married in 2013, a year before the judgment against them. Ms Foley was claiming a half share in the house.
The judge heard the sheriff had attended at the Foley property to seize goods and chattels but only €2,503 was raised.
Ms Connaughton-Deeny told the court Foley was the registered owner of the property with his late wife, Pauline Foley.
He previously 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.
Foley was part of the criminal gang led by Martin Cahill, a gangland figure known as the General. He has survived several attempts on his life.
