Supreme Court grants stay to Kennedy

The Supreme Court has today granted businessman Jim Kennedy's a stay pending the determination by the Supreme Court of his appeal against the High Court's refusal to stop his trial for allegedly making corrupt payments in relation to the rezoning of lands in Co Dublin.

The Supreme Court has today granted businessman Jim Kennedy a stay, pending the determination by the Supreme Court of his appeal against the High Court's refusal to stop his trial for allegedly making corrupt payments in relation to the rezoning of lands in Co Dublin.

Mr Kennedy and ex-FG TD Liam Cosgrave sought orders from the High Court stopping their trials in connection with alleged corrupt payments in relation to rezoning of lands in Carrickmines owned by Jackson Way Properties at Carrickmines in 1992 and the successful rezoning of part of these lands in 1997.

In separate judgments delivered yesterday, Mr Justice John Hedigan cleared the way for both trials to go ahead.

The Judge had refused to grant a stay in event of an appeal. Both trials are listed before Dublin Circuit Criminal Court in early October and the two deny all charges against them.

Today, the Supreme Court, comprised of Mr Justice Adrian Hardiman sitting with Mr Justice Donal O'Donnell and Mr Justice Liam McKechnie, granted Mr Kennedy a stay pending the determination of his appeal. The Court said the appeal should be given priority.

The Supreme court was also informed that Mr Cosgrave also intended to appeal against Mr Justice Hedigan's ruling.

However as "no papers were before the court" in regards to Mr Cosgrave, Mr Justice Hardiman said the court was making no order in relation to Mr Cosgrave's application for a stay.

It is expected that he will renew his application for a stay on his trial at a later date.

In their High Court proceedings Mr Kennedy and Mr Cosgrave sought orders against the DPP, Ireland and the Attorney General aimed at preventing their trials on grounds including their constitutional rights to a fair trial have been breached.

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.

His lawyers claimed his trial should be prohibited on grounds including that there was an inordinate and inexcusable delay before charges were brought against the businessman.

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.

Mr Cosgraves, of Merrion Park, Blackrock, Co Dublin claims his trial is an abuse of process.