Cosgrave and Kennedy gain approval to challenge rezoning-payments trials

The High Court has today granted permission to former Fine Gael politician Liam Cosgrave and businessman Jim Kennedy to bring a legal challenge aimed at stopping their trials in connection with alleged corrupt payments in relation to rezoning of lands in Carrickmines in Dublin in the 1990s.

In separate proceedings, both are seeking orders preventing their trials on corruption charges, set down for hearing at Dublin Circuit Court next October, from going ahead on grounds including that their constitutional rights have been breached and that they cannot get a fair trial.

The two are facing charges in connection with the attempted rezoning of land owned by Jackson Way Properties at Carrickmines in 1992 and the successful rezoning of part of these lands in 1997.

Both men deny all the charges against them.

Former TD, Senator and Councillor Liam Cosgrave (aged 55) Merrion Park, Blackrock, Co Dublin is charged with receiving sums between June 12 and June 29, 1992; on December 23, 1997, at Buswells Hotel, Dublin, and on October 30, 1997, at the Davenport Hotel in Dublin.

Mr Kennedy, a father of 10 from Comorant Wharf Queensway Quay, Gibralter, is facing 16 charges of making corrupt payments to politicians relating to rezoning motions voted on by Dublin County Council and Dún Laoghaire/Rathdown County Council concerning land in Carrickmines, Co Dublin.

Brendan Grehan SC for Mr Cosgrave said his client was bringing proceedings against the DPP, Ireland and the Attorney General on grounds including that the prosecution amounts "to an abuse of process", is "oppressive" and "unfair."

Martin Hayden SC for Mr Kennedy, who has brought proceedings against the DPP, told the court that his client's constitutional rights to fair trial had been breached because there had been an inordinate and inexcusable delay in bringing the charges against Mr Kennedy.

Leave to bring the proceedings was granted by Mr Justice Michael Peart.