A SUV dealer whose imprisonment was ordered this week over continuing contempt of court orders successfully appealed today for one last chance to co-operate with the Revenue, which is seeking to execute a €4.75 million judgment order against him.
John Kane, also known as Alex Kane, of Granard, Co Longford, told Mr Justice Peter Kelly today he is experiencing sleepless nights trying to meet the Revenue’s requirements but could do so if he was given a bit more time.
Mr Kane also said he did not realise he was required to attend court yesteray when the judge was dealing with the proceedings.
When he realised he should be present, he rushed to Dublin from Longford arriving just minutes after the court had concluded, had procured a lot of information for the Revenue and would try and address all matters raised.
Gary McCarthy, for the Revenue, said Mr Kane was continuing to trade ignoring the court’s orders and the requests of the Revenue and it just did not accept he was being truthful. Mr Kane had deliberately concealed matters from the Revenue and the receiver appointed over his business.
Mr Justice Kelly ruled yesterday the Revenue was entitled to have Mr Kane jailed for contempt but noted the procedure ultimately leading to an arrest warrant being issued and executed would take some days.
In those circumstances and after hearing an appeal by Mr Kane not to jail him, the judge said today he would allow Mr Kane one last chance to comply and “finally make your peace” with the Revenue. Mr Kane had two weeks to provide all information sought by the Revenue and failure to do so would mean jail, the judge warned.
Mr Kane said he would do all he could and asked, if the Revenue had issues about certain matters, to give him an opportunity to address those before going to court.
Mr Kane was previously jailed last December for a week over failure to co-operate with the Revenue in establishing the extent of his assets. He promised to co-operate with the Revenue in order to avoid another period of imprisonment.
Two weeks ago, after the Revenue complained of continuing failure to comply, the judge made a second committal order but placed a stay on that until yesterday to allow Mr Kane pay €24,000 and co-operate “unequivocally” with Revenue in its efforts, continuing for some years now, to establish his assets and income.
Yesterday, the Revenue said that while Mr Kane had paid the €24,000, other matters had not been complied with and the circumstances surrounding the ownership of certain lands and vehicles were “obscure”.
A Revenue official said it was clear there was “a continued and deliberate refusal” by Mr Kane to co-operate unequivocally.
The Revenue last July obtained summary judgment orders for €4.97 million against John Kane and €5.27 million against his brother, Pauraig Kane, over unpaid taxes in connection with the operation of their SUV business in Granard.
The Revenue had previously obtained orders freezing the brothers’ accounts below some €10 million and directing them to fully disclose their assets.
