Court grants Kennedy limited discovery of documents

The High Court has today made an order allowing limited discovery of documents sought by businessman Jim Kennedy for his forthcoming judicial review proceedings aimed at preventing his criminal trial for alleged corrupt payments.

The court however dismissed former Fine Gael politician Liam Cosgrave application for documentation for use in his legal action aimed at stopping his trial on charges related to alleged corrupt payments for rezoning of lands in Carrickmines in Dublin in the 1990s.

In separate applications, both sought discovery of details including correspondence, notes and memos between the DPP, the National Bureau of Criminal Investigation and the Criminal Assets Bureau relating to the investigations into both Mr Kennedy and Mr Cosgrave.

Documentation relating to former government press secretary and lobbyist Frank Dunlop was also sought. Both sought documents that were referred to in affidavits by gardaí grounding the DPP's statement of opposition to their actions.

In his ruling today Mr Justice John Hedigan said that in his judicial review proceedings Mr Kennedy is seeking orders prohibiting his trial on the grounds of delay.

The Judge said Mr Kennedy sought discovery of "everything that was mentioned in the affidavits".

The Judge said that reference was not enough before a document could become discoverable.

Applications, the Judge said, must be precise and specific, which Mr Kennedy's application was not.

However there were two sets of correspondence which were referred to that were not exhibited that the court was prepared to order discovery of.

They related to requests from the State to the Isle of Man Authorities in relation to Mr Kennedy and a direction by the DPP in relation to the bringing of charges against Mr Kennedy arising out of Frank Dunlop's prosecution.

The Judge said that if the DPP wished to claim privilege over that material they could do so when the matters come on for hearing later this month.

The Judge said that Mr Cosgrave claims his prosecution is unjust and an abuse because it arises out of the same facts on which he was charged and subsequently pleaded guilty to in 2005 and 2006.

The Judge said that Mr Cosgrave had sought the discovery of a number of items post 2005 matters. It was the court's finding that Mr Cosgrave was not entitled to those categories of documentation as it was not necessary for disposing fairly of his action.

The Judge also noted that a number of categories of discovery had been agreed with the DPP prior to the commencement of Mr Cosgrave's motion seeking discovery.

In their judicial proceedings both men are seeking orders preventing their trials, listed for hearing at Dublin Circuit Court in October, on grounds including their constitutional rights to a fair trial have been breached.

They are charged 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 deny the charges.

Liam Cosgrave (aged 55), a former TD, Senator and Councillor, of 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 ten, Comorant Wharf, Queensway Quay, Gibraltar, is charged with 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.