Tuesday 6 December 2016

Kennedy in sick-bed attempt to have CAB trial halted

Tim Healy and Tom Brady

Published 22/10/2010 | 05:00

BUSINESSMAN Jim Kennedy has given instructions from his hospital bed for a High Court bid aimed at halting the Criminal Assets Bureau action against his company.

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Mr Kennedy underwent further tests yesterday at St Vincent's Hospital in Dublin after being taken ill while in custody at Irishtown garda station in the early hours of Wednesday.

He had flown back to Dublin from his home in Gibraltar to give evidence in the case, in which the CAB is alleging that his company, Jackson Way Properties Ltd(JWPL), was unjustly enriched by the rezoning of lands in Carrickmines, south county Dublin, in 1997.

After attending the first day of the proceedings on Tuesday, the 62-year-old director was arrested by CAB officers shortly afterwards at Arran Quay.

He was detained for questioning about bribery allegations in relation to payments to councillors.

The questioning has been suspended until he is discharged from hospital. The High Court was told yesterday that his discharge was not likely until today at the earliest.

Yesterday, Luan O Braonain SC, for JWPL, told the court he had taken instructions from Mr Kennedy to seek an injunction restraining CAB, or any gardai, from interfering with him in relation to the matters subject to the case, "given that it is in being".

He said Mr Kennedy's legal team would also seek a determination on whether the arrest of Mr Kennedy constituted an interference with the administration of justice. If such a finding was made, an application would be made to dismiss the entire proceedings.

Injunction

Alternatively, if charges were brought by CAB against Mr Kennedy, an order would be sought, putting a stay on the current proceedings until those charges had been dealt with by the courts.

Mr O Braonain also said they would seek the lifting of a freezing order on 68 acres of the lands involved in the proceedings. CAB had previously obtained an order, preventing their disposal.

Mr Justice Kevin Feeney said he would give permission to JWPL to serve short notice of its injunction application on CAB and said the matter could come back before him today.

In the meantime, he adjourned the main proceedings for mention until today.

Irish Independent

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