CAB drops case against Kennedy firm
A separate case in which the company, Jackson Way Properties Ltd (JWPL), is claiming substantial damages against CAB over losses allegedly suffered after the bureau got a court order in 2006 freezing part of the lands, is yet to be heard.
Sean Gillane, for CAB, yesterday indicated that due to unavailability of a witness, it was not proceeding with its case for an order directing JWPL pay the finance minister any sum the court might decide equated to corrupt enrichment of the company.
Mr Gillane asked the court to make, on consent, an order striking out the proceedings plus other orders, including one lifting Mr Kennedy’s 2010 undertaking on dealings with a €13m compensation sum payable to JWPL due to some of the Carrickmines lands being compulsorily purchased.
Martin Hayden, for JWPL, said the withdrawal of CAB’s case was without prejudice to the company’s entitlement to proceed with its damages claim.
The President of the High Court, Mr Justice Nicholas Kearns, made the orders sought.
In its forthcoming action, JWPL, of which Mr Kennedy is a director, claims CAB wrongfully obtained a freezing order on 17.6 acres in Carrickmines in 2006. The company claims the order breached its rights under the Constitution and European Convention on Human Rights and it has suffered loss and damage.
The CAB proceedings previously opened in 2010 but were put on hold when Mr Kennedy was arrested that same day and later charged with bribing councillors for rezoning votes.
His criminal trial on those charges, along with that of a number of county councillors, went ahead last July but was halted on its 13th day when chief prosecution witness Frank Dunlop became seriously ill. The charges against Mr Kennedy and the councillors were withdrawn by the State.
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