The Court of Criminal Appeal will rule by Thursday on a claim by the DPP that fines of £7,500 imposed on former Dublin city and county assistant manager, Mr George Redmond, were unduly lenient.
The fines were imposed for failure to make tax returns.
Mr Redmond (75), a father of two, of Deerpark Lawns, Castleknock, pleaded guilty at the Dublin Circuit Criminal Court last April to 10 charges of failing to make tax returns for the years 1988 to 1998.
Circuit Court Judge Frank O'Donnell noted at that time that a submission by Mr Patrick MacEntee SC, for Mr Redmond, had not been challenged. He had said his client was in bad health and "effectively destitute" after paying the Revenue Commissioners £782,000 in "tax, interest and penalties". Judge O'Donnell had imposed fines of £500 on each of the first five charges and £1,000 on the second five and gave Mr Redmond three months to pay the total of £7,500.
Yesterday, Mr Patrick Gageby SC, for the DPP, argued the fines were unduly lenient.
There had been no evidence that Mr Redmond was destitute or practically destitute, counsel argued.
It was submitted he had sold his family home to settle his affairs but there was no suggestion he was living on the streets or a charge on the parish.
The penalties open to the judge were a maximum fine of £10,000 and/or five years' imprisonment for each offence. Mr Redmond's offences did not appear to be minor.
They had been committed over a nine- or 10-year period and the total income involved was quite large - £249,000.
Mr MacEntee said he accepted there had not been evidence in the Circuit Criminal Court of his client's destitution.