BUSINESSMAN Jim Kennedy wants former lobbyist Frank Dunlop to give sworn testimony for pending criminal proceedings.
Mr Kennedy is seeking High Court permission to challenge a Circuit Court judge's refusal to require Mr Dunlop to do so.
Mr Kennedy is facing 16 charges including that he allegedly gave sums of money to certain politicians as an inducement or reward for voting in favour of motions to rezone certain lands at Carrickmines Co Dublin in 1992 and 1997.
The chief prosecution witness in the action against Mr Kennedy, who denies all the charges against him, is Mr Dunlop. That case is due to be heard later this year.
Today at the High Court, Declan McGrath SC for Mr Kennedy, said that last November an application was made to the Circuit Court for an order under the 1967 Criminal Procedure Act that Mr Dunlop appear before a District Court Judge so that he his evidence be given by way of sworn deposition.
Counsel said the reason Mr Kennedy wanted Mr Dunlop deposed is that evidence given by Mr Dunlop at the Mahon Tribunal is inconsistent with and contradicts the contents of the former government press secretary's witness statement he has made that forms part of DPP's case against Mr Kennedy.
Mr Kennedy wants Mr Dunlop deposed in order to reconcile what he says are the two contradictory statements.
Counsel said that if Mr Dunlop agreed that the correct version of events was the account given by him to the Mahon Tribunal then it would follow that a number of charges against Mr Kennedy must fall.
However, last December, the Circuit Court's Judge Martin Nolan refused Mr Kennedy's application to have Mr Dunlop deposed.
Mr Kennedy says there is a risk of an unfair trial without that deposition.
In his High Court action against both Judge Nolan and the DPP, Mr Kennedy of Cormorant Quay, Gibraltar is seeking orders quashing the Judge Nolan's refusal.
Judge Nolan, it is claimed, acted in breach of natural and constitutional justice and in excess of his jurisdiction.
Mr Justice Michael Peart will rule today (Tuesday) whether to grant Mr Kennedy permission to bring his challenge.