Cab case against Kennedy unaffected by tribunal report or collapsed criminal trial

The Criminal Assets Bureau action against businessman Jim Kennedy is to proceed despite the criminal case against him having failed and the findings in the latest section of the planning tribunal report published yesterday.

The bureau alleges Jackson Way Properties Ltd, of which Mr Kennedy is a director, was unjustly enriched as a result of the alleged corrupt rezoning of lands in Carrickmines, south Dublin.

A €12.8 million arbitrator's award was set for his company following the rezoning but has not yet been paid. The award related to 20 acres of the original 108-acre Jackson Way site in Carrickmines compulsorily purchased by Dún Laoghaire-Rathdown County Council for the M50 motorway. Garda sources said had Mr Kennedy been convicted of the charges he faced, the Cab case against him may have been strengthened. But they believe the lack of a conviction is not an impediment to the case concluding.

“Cab takes assets from people all the time who don’t have convictions related to money or assets being targeted,” said one source.

Other sources said that despite the tribunal concluding lobbyist Frank Dunlop had made corrupt payments to councillors on behalf of Mr Kennedy related to the rezoning of lands in Carrickmines, those findings could not be used in the Cab case. "The civil action to seize the proceeds of the land being rezoned has to be argued on the merits of the Cab's own investigation," said one source.

Criminal charges
Other sources said the bureau's case was a civil one that must be proven on the balance of probabilities rather than beyond reasonable doubt, as is the case with criminal charges.

Mr Kennedy (66), with an address at Queen's Quay, Gibraltar, had denied giving Mr Dunlop £25,000 in 1991 to bribe councillors to vote in favour of rezoning land at Carrickmines in Dublin. He had pleaded not guilty to charges of corruption in connection with the rezoning.

He went on trial but the case collapsed last week when the key witness, Mr Dunlop, was unable to continue giving evidence on health grounds. The charges were withdrawn.

Cab put its case against Mr Kennedy on hold to allow the criminal case run its course.