Cosgrave shocked by corruption charges, court hears

Retired Fine Gael politician Liam Cosgrave was shocked to learn he was to be charged with receiving alleged corrupt payments for rezoning of lands in Carrickmines in Dublin in the 1990s, the High Court heard today.

Mr Cosgrave is seeking orders preventing his criminal trial from going ahead on grounds including that the trial is an abuse of process because the charges arise out of the same factual matrix, which are allegations by former government press secretary and lobbyist Frank Dunlop, of a criminal charge he pleaded guilty to in 2006.

Brendan Grehan SC for Mr Cosgrave said his client had a legitimate expectation that after the charges under the electoral act were admitted that would be end the end of the matter.

Now Mr Cosgrave and his family are suffering from stress and anxiety as a result of Mr Cosgrave being charged late last year.

In its statement of opposition, the State denies the prosecution amounts to an abuse of process, or that Mr Cosgrave's rights to a fair trial have been breached.

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

Mr Cosgrave and businessman Jim Kennedy 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 men deny the charges.

Both are seeking orders against the DPP, Ireland and the Attorney General 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.

Mr Kennedy, a father of ten, Comorant Wharf, Queensway Quay, Gibraltar, 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.

Mr Kennedy's case is expected to commence before the Judge today (Thursday).

Today Mr Grehan said Mr Cosgrave's prosecution was an "abuse of process", "oppressive" and "unfair." If convicted Mr Cosgrave could face up to seven years in jail and or a fine of €50,000.

Counsel said Mr Cosgrave was prosecuted and convicted in 2005, following an allegation by Frank Dunlop, for failing to disclose a political donation and that offence arose out of same circumstance grounding the charges now faced by his client.

In 2006 Mr Cosgrave pleaded guilty to a charge of failing to discloe a political donation over €500 received a 75 hour community sentence order. He had a legitimate expectation that the matter was over.

Counsel added that the information which Mr Cosgrave was now being prosecuted was available to the State in 2004, and could have been brought then. Counsel said the state had not furnished Mr Cosgrave's legal team with a statement given by Mr Dunlop to investigating Gardai in 2004 alleging that the payments given to Mr Cosgrave were corrupt.

The Statement has been in the possession of the DPP since October 2004. No reason for the failure to discover that statement has been given counsel added.

Anthony Collins SC for the State rejected the claim that Mr Cosgrave had a legitimate expectation that he would not face any more criminal charges after he pleaded guilty in 2006. Counsel said that Mr Cosgrave was aware that there was an ongoing investigation being carried out by CAB into matters.

He was never told by the State that matter had been concluded, counsel added. Counsel said neither the former politician nor his legal representatives had asked the question if any further charges were to be brought following his plea of guilty in 2006.

Counsel also said that Mr Frank Dunlop could not be a witness in any case against Mr Cosgrave until proceedings against Mr Dunlop had been concluded. Mr Dunlop counsel added was convicted in 2009.

The hearing before Mr Justice John Hedigan continues.