Sheriff granted order to sell car seized during CAB operation in Limerick

David Hurley


David Hurley

Sheriff granted order sell car seized during CAB operation in Limerick

A man who owes almost €800k to the tax man is to have a high-powered car that was seized by CAB forfeited to the State and sold off.

At Newcastle West Court, Revenue Sheriff Plunkett Hayes sought an order allowing him to sell the white Volkswagen Passat which belongs to Richard O’Brien of Monks Hill, Rathkeale, who has outstanding tax liabilities of €789.291.

Judge Mary Larkin heard evidence that the English-registered was seized at the behest of CAB last September in Rathkeale.

The court was told the liabilities date  back  a number of years and that the matter was referred to the Sheriff shortly after a “notice of final demand” was served on Mr O’Brien last April.

The total liability includes around €290,000 in unpaid taxes plus interest and penalties.

Judge Larkin heard evidence the car was observed by gardai at various locations on various dates in 2016 and 2017.

On at least one occasion it was observed at Mr O’Brien’s home in Rathkeale while on other dates it was established by gardai that it was booked on a ferry travelling between Dublin and Holyhead.

A unnamed CAB officer told the court that having satisfied himself as to the ownership of the car, he directed Mr Hayes to seize the vehicle on foot of a warrant which was issued by CAB.

Mr Hayes said having made arrangements to execute the warrant, he received a phone call from Mr O’Brien’s solicitor asking him not to proceed.

“He said his (client’s) tax affairs were in order. He said there were High Court proceedings”.

However, Mr Hayes confirmed the car was seized as he was “happy with the information” he had  been given.

He added that he was satisfied he could return the car if required to at a later date.

In relation to the application before the court, he said he felt it was appropriate to seek a formal order in the circumstances.

Having considered the matter, Judge Larkin granted the application.

She directed that the Passat be sold by Mr Hayes and that the monies be retained for the benefit of the State.

There was no appearance by Mr O’Brien or his solicitor in court.