THE Criminal Assets Bureau will be taking further legal action against Ms Geraldine Gilligan as questions such as the tax and the source of the monies were still outstanding, the High Court was told yesterday.
Mr Richard Nesbitt SC, for the CAB, said the judgment in Ms Gilligan's favour earlier this week was only a "temporary respite" as there were matters outstanding. He said the CAB would not be appealing this week's judgment.
Ms Gilligan won her case in the High Court on Wednesday when it was ruled that she was not liable to pay a £1.6 million tax bill, and that her husband, Mr John Gilligan, at present detained in England, was the person who had to make the return.
She took the case against the CAB; Mr Barry Galvin, Inspector of Taxes and Chief Legal Officer, CAB; Mr Frank Lanigan, Revenue Sheriff for Co Kildare; and the Revenue Commissioners.
It was on foot of the tax bill that Ms Gilligan's property was seized from the equestrian centre at Jessbrook House, Mucklon, Enfield, Co Kildare, in November.
Yesterday Ms Gilligan's counsel, Mr Patrick Hunt, told Mr Justice Morris he understood that the defendants had undertaken to return the goods.
Mr Nesbitt said a decision had been made that there would be no appeal of the judgment. He submitted that costs should be reserved. He said the judge had some indication of the wider picture.
He said the case Ms Gilligan had won was only a temporary respite as the question of the tax was still outstanding, and there were also questions as to the source of the monies which were undoubtedly in her name and in her possession.
Mr Justice Morris said he should make it clear that his only interest in the matter was confined to the determination of two issues of law dealing with the interpretation of the tax code.
It appeared to him this was but one step in the overall case being pursued between the parties. He proposed that the costs of this issue be reserved until the outcome of the broader and general issue between the parties.