State fails to give reasons for Kennedy charge delay, court told

The State has failed to give reasons why there was such a lengthy delay before charges were brought against businessman Jim Kennedy, the High Court has heard.

Mr Kennedy, a father of 10, 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, who denies the charges, has brought High Court proceedings aimed at stopping his trial, which is listed before Dublin Circuit Court in October, on grounds including there has been an inexcusable and inordinate delay.

The State is opposing his application. The action before Mr Justice John Hedigan continues.

Mr Kennedy and former FG politician Liam Cosgrave are seeking orders against the DPP, Ireland and the Attorney General preventing their trials on grounds including their constitutional rights to a fair trial have been breached.

Yesterday Martin Hayden SC for Mr Kennedy said the State has charged his client based on information which it had in its possession for some time. Counsel said in 2004 the DPP had a statement from former government press secretary Mr Frank Dunlop on which the charges Mr Kennedy is facing are based.

Counsel said charges were not brought against Mr Kennedy until 2010 when "with a touch of Hollywood" he was arrested outside the Four Courts after appearing as a witness in a case. No proper explanation was given for this delay, counsel added.

Counsel said the State also appeared to be saying in its statement of opposition during that time Mr Kennedy was difficult to find. Counsel said this was not the case as his client was "living openly", and was contactable.

Counsel said that whatever about the Gardaí not being able to find him both Charlie Bird, who approached Mr Kennedy with a cameraman in 2000, and a RTE Primetime crew who approached Mr Kennedy in the Isle of Man seemed to have no problem in tracking him down.

Counsel also said his client was prejudiced by the fact many important witnesses who could give evidence in the criminal proceedings, including the late ex Fianna Fáil TD Liam Lawlor, are now dead.

Opposing the application Anthony Collins SC for the State denied that the delay was inexcusable and inordinate. Mr Kennedy's arguements he said were "unsustainable". Counsel said Mr Kennedy could not be charged until it the DPP had all the information required.

The DPP counsel added was not in a position to bring charges against Mr Kennedy until the prosecution against Mr Dunlop had been concluded in 2008.

The judge today refused to grant Mr Kennedy discovery of certain material related to requests from the State to the Isle of Man authorities in relation to Mr Kennedy.

Communications by the DPP in relation to the bringing of charges against Mr Kennedy arising out of Frank Dunlop's prosecution, were also sought. Mr Kennedy's lawyer claimed he was entitled to discovery of that documentation, which the state claimed legal privilege over.

In his ruling Mr Justice John Hedigan held that the documents were privileged, on public interest grounds and that Mr Kennedy's lawyers were not entitled to view them. The Judge also stated in his opinion the documents did not advanced the case being argued before the court

Mr Kennedy, along with with retired Fine Gael politician Liam Cosgrave 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.

Mr Cosgrave (aged 55) 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. He denies the charges.

Lawyers acting for the former TD, Senator and Councillor, of Merrion Park, Blackrock, Co Dublin claim his trial is an abuse of process because the charges arise out of the same factual matrix, which are allegations by Mr Dunlop, of a criminal charge he pleaded guilty to in 2006.

The State denies the claims.