High Court grants 'The Viper' Foley stay on CAB sale of Kimmage home

Martin 'The Viper' Foley has won a temporary reprieve on the CAB seizure of his Dublin home after his solicitor died suddenly. A High Court judge granted a stay until Friday.

CAB bid to sell Dublin home of gangland figure paused after solicitor's sudden death

Martin 'The Viper' Foley appeared before the High Court without legal representation on Tuesday after his solicitor died suddenly last Sunday morning, the Irish Independent reports.

The veteran gangland criminal is contesting efforts by the Criminal Assets Bureau (CAB) to seize and sell his home at Cashel Avenue, Kimmage, Dublin.

Mr Justice Cian Ferriter granted Foley a stay on the sale of the property until Friday, giving him time to secure new legal counsel. Foley attended court with his wife and represented himself throughout the hearing.

He told the court he required an extension of time to appeal a court order granting CAB both possession of the property and the right to sell it. A previous application for an ex parte stay had been refused last week by Mr Justice David Nolan, who directed Foley to serve notice of his intentions on CAB's legal team.

When the matter returned to court on Tuesday, barrister Shaula Connaughton Deeny, counsel for CAB, told Judge Ferriter that while Foley had filed written evidence, his affidavit had not been furnished to CAB.

She noted that when CAB obtained its order for possession and sale of the Kimmage property in 2024, Foley had been granted an 18-month stay — a stay that expires on Thursday.

Judge Ferriter read the affidavit aloud in court. In it, Foley stated he had a hearing listed before the High Court on 9 December to seek an extension of time to appeal. That date falls outside the existing stay, meaning the CAB order could be enforced before it is reached.

Foley argued there was a serious risk to his family home, where he lives with his wife and 11-year-old child, and that enforcement before 9 December could result in consequences that would be difficult or impossible to reverse. He submitted that, in the interests of justice, a stay should be granted until the court determined his application on that date.

CAB moved to seize the Cashel Avenue property after Foley failed to pay an outstanding tax bill of almost €1 million. The bureau assessed him as owing more than €916,000 in unpaid taxes up to the year 2000.

The legal dispute over the house has continued for more than a decade. Judgment was originally recorded against the property, which is registered in the names of Foley and his deceased wife, Pauline. His current wife, Sonya, is contesting the sale on the grounds that she owns at least half of the property. She has claimed that she and her daughter face being made homeless if the sale proceeds.

Source: Irish Independent