Lawyer for Kennedy awaits his instructions
Mr Kennedy is defending a civil case taken by CAB against Jackson Way Properties Ltd (JWPL), which Mr Kennedy is a director of, alleging the company was unjustly enriched as a result of the rezoning of land in Carrickmines, Dublin, in 1997, contrary to proceeds of crime legislation.
When the case was due to resume yesterday morning, Martin Hayden told Mr Justice Kevin Feeney that to say the arrest of Mr Kennedy caused a “spot of bother” was an understatement.
Mr Kennedy was in St Vincent’s Hospital directly arising out of his arrest, counsel said. Among the applications which he would be seeking to make was whether the entire (unjust enrichment) proceedings can now go on.
He also wanted CAB to explain when the decision was taken, and who took it, to arrest Gibraltar-based Mr Kennedy who had returned here two weeks ago to give evidence in the case.
He was arrested, not by ordinary gardaí, but by members of CAB, two of whom left court and followed him, counsel said.
Mr Kennedy had a right to his good name and he had come back to meet the case in the light of serious allegations made against him, counsel said.
He was also concerned that CAB may have brought an application in the run-up to these proceedings which was “a strategy” in order to get Mr Kennedy back into the country – a claim described by counsel for CAB yesterday as completely without foundation.
Following an adjournment until the afternoon to allow Mr Hayden take instructions, counsel informed the judge that Mr Kennedy was still in hospital and he had been unable to speak to him on the advice of doctors.
He was on the angiogram list for yesterday afternoon and doctors said they did not want matters made worse by his lawyers. Mr Hayden asked that the matter be moved to tomorrow and the judge agreed, saying he could be updated on Mr Kennedy’s situation today.
The judge told Mr Hayden if he wanted an order that gardaí cannot further question Mr Kennedy when he leaves hospital, he would have to make a formal written application to the court. This could be done today if required, Judge Feeney said.
The judge rejected Mr Hayden’s application to lift a freezing order on the sale of part of the Carrickmines land owned by JWPL because the case was now only concerned with unjust enrichment in relation to around 38 of the original 108 acres involved in this case.
The judge said he would deal with that issue in the full hearing of the case.
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