Mick Foster, one half of the internationally acclaimed Foster and Allen, has been unsucessful in overturning a conviction for failing to file tax returns.
He was appealing a €12,000 fine imposed on him at Tullamore District Court for failing to file tax returns between 2003 and 2006.
Mr Foster, of Walshestown/Slanemore, Mullingar was refused an adjournment on the basis that a number of adjournments had been given at the District Court and the DPP was anxious not to let the matter drag out.
Mr Peter Jones told the court that the defence had a letter which was a forgery, on Revenue paper saying that the tax affairs were in order. However, they were not.
Mr Foster said he had received the letter in the post and his tax affairs were in the care of a trusted tax adviser and barrister.
“As far as I was concerned I got what I was told was the best tax consultant and barrister. I furnished him with everything.”
He had signed a document authorising Mr Patrick Russell of Emerald Consulting International in Tullamore to look after his affairs.
Mr Foster said his tax consultant had had an explanation for everything, including his stay in Mountjoy prison.
He was confident when he received the letter on what seemed to him to be Revenue paper.
“It was on Revenue paper, it had my PPS number. It said my tax affairs were in order except for a review.”
Mr Foster had been on tour in England when he was summonsed for not filing his tax returns and said he was not suspicious when he got several warning letters from Revenue. “I left everything in his hands,” he said.
Judge Anthony Kennedy refused to consider a defence of “reasonable excuse” put forward by Mr Foster’s barrister Gerard Groarke.
He upheld the convictions but reduced the fines by half to €6,000.
