Tax exile in court over payments to politicians

BUSINESSMAN and tax exile Jim Kennedy is to face 16 charges of making corrupt payments to politicians during the 1990s in return for their votes to rezone lands owned by one of his companies, Jackson Way Properties, at Carrickmines in south Dublin.

Gardaí yesterday objected to bail being granted to the 63-year-old amusement arcade owner due to the seriousness of the charges as well as the fact that he seemed to live at a number of various addresses, including homes in London and Gibraltar.

Mr Kennedy appeared before Dublin District Court after being arrested yesterday afternoon following his discharge from St Vincent’s Hospital in Dublin.

Detective Sergeant Vincent Byrne told the court that Mr Kennedy made no reply to the first of the 16 charges and stated “nothing to say” to the remainder.

Objecting to bail, Det Sgt Byrne said it appeared that the accused had not been living in Ireland since the mid-1990s and had no perceived connection with the State as he had given up his Irish citizenship in 2002.

Det Sgt Byrne said Mr Kennedy was now the holder of a British passport, while he had also previously held an Isle of Man passport and had applied for one in Gibraltar.

He was also aware that the businessman had connections with Switzerland, the Canary Islands, Spain and the Isle of Man.

Det Sgt Byrne said gardaí had been trying to interview Mr Kennedy since 2002 but he had cancelled an agreed appointment in April that year. The court heard that CAB had been unable to establish where the accused was residing on a permanent basis until this week.

Seeking consent for bail, Luán O Braonáin SC for Mr Kennedy said his client had no previous convictions and had voluntarily arranged to go to a garda station to be arrested.

He also pointed out that Mr Kennedy had not sought to give evidence in related civil proceeding before the High Court this week via video link, unlike fugitive solicitor Michael Lynn.

Det Sgt Byrne said he would be agreeable to bail if Mr Kennedy agreed to reside at an address at the Four Seasons Hotel in Ballsbridge which he provided this week.

Judge David McHugh ordered the accused to be remanded in custody with consent to bail after hearing the court would have difficulty in accepting a personal cheque from his wife, Antoinette Kennedy as a bond.

The court heard evidence that €100,000 had been paid into the account at the AIB in College Green on Thursday.

The judge ruled that €30,000 cash be lodged and an independent surety of €50,000 be provided by Ms Kennedy before bail could be granted.

He ordered Mr Kennedy to reside at the address in the Ballsbridge hotel and to sign on daily at Donnybrook garda station.

Judge McHugh also instructed the accused to surrender his passport and to make himself available to gardaí.

He was remanded to Cloverhill Prison until the conditions are met.

Mr Kennedy, a father of 10, appeared fresh and well after his recent stay in hospital after falling ill earlier this week in garda custody.

As he was led from court he gave a thumbs-up signal to his wife and two of his sons, who were in the public gallery.

Four former members of Dublin County Council also appeared before the same sitting of the court. All denied various charges of accepting a bribe in return for the support of the rezoning of land at Carrickmines which was owned by Mr Kennedy, when arrested and cautioned yesterday.

The court heard that former councillor Seán Gilbride was arrested at his home in Skerries before being brought to the Bridewell garda station where he was formally charged on one count of receiving a corrupt payment on June 11, 1992 for voting in favour of the rezoning of the Carrickmines lands.

Garda Brian Mulligan said the accused replied “not guilty”. Colm McGrath, faces a similar charge of receiving a corrupt payment on a date unknown between June 12 and June 19, 1992.

When arrested at Harcourt Terrace garda station, Mr McGrath replied: “I vehemently reject that charge.”

Don Lydon, a former Fianna Fáil senator and councillor as well as a psychologist, was charged with receiving a corrupt payment on May 4, 1992 at his workplace in St John of God’s, Stillorgan. He replied “not guilty” when charged.

Tony Fox, currently an independent member of Dun Laoghaire-Rathdown Co Council, was charged with five counts of receiving corrupt payments in 1992 and 1997 at the Davenport Hotel in Dublin. He replied “not guilty” to each charge.

The four were each granted bail on their own bond of €1,000.

It is likely that all five men will face a jury trial at Dublin Circuit Criminal Court in early 2011.