FORMER GOVERNMENT press secretary Frank Dunlop is to be a “crucial” witness for the Criminal Assets Bureau in forthcoming High Court proceedings aimed at seizing land at Carrickmines, south Dublin, which, it is alleged, was corruptly rezoned.
The land, owned by UK-registered Jackson Way Properties, increased considerably in value after Dunlop paid councillors to have it rezoned in 1997, Dublin Circuit Criminal Court heard yesterday.
The court also heard that Cab has sent files to the Director of Public Prosecutions in relation to the alleged bribing of Dublin county councillors after Dunlop stated his willingness to give evidence in any proceedings against the politicians.
Any cases against councillors, if they ever come to court, are likely to take place in the District Court and involve relatively minor penalties.
Dunlop (62), of Rathbeggan, Dunboyne, Co Meath, was due to have been sentenced yesterday after pleading guilty to five sample counts of corruption last January.
He faces up to seven years in jail and/or a €50,000 fine after admitting bribing councillors, including former senators Don Lydon and Liam Cosgrave, to rezone the Carrickmines land.
However, Judge Frank O’Donnell delayed sentencing by a week to consider mitigating evidence given on his behalf by his cardiologist and his former barrister.
Cab officer Det Garda Martin Harrington told the court that Dunlop’s evidence would be crucial to proceeds of crime proceedings being taken by the bureau against Jackson Way.
The case is due to come before the High Court soon, after the Supreme Court rejected a challenge by the company last February.
In 2006, Cab secured an interim court order freezing the Carrickmines land after claiming a €53 million increase in value as a result of corrupt rezoning.
It sees Dunlop’s evidence as crucial to the court confirming this decision, which would open the way for the land to be seized after a period of seven years. Det Garda Harrington said yesterday that Dunlop had supplied all the evidence against himself and his admissions were fundamental to the prosecution’s case. He said he had been “very helpful” and had answered every question put to him.
He agreed with Aidan Redmond, counsel for Dunlop, that it was “the first case of its kind where there was an admission of wrongdoing by the wrongdoer”.
Prof Declan Sugrue, a consultant cardiologist, said that he had been treating Dunlop for a serious heart condition which he believed was directly influenced by his legal troubles.
Colm Allen SC, Dunlop’s counsel during his early appearances before the planning tribunal, said his admission to the inquiry in 2000 had caused an extraordinary deterioration, both physical and mental, in his client.
“He has suffered enormously. I’m aware for some people he couldn’t suffer enough, but he has visited a life sentence upon himself.”
Mr Allen said he had become a “social pariah” and only sank lower in the public’s esteem when he admitted his wrongdoing.
Mr Redmond appealed to Judge O’Donnell not to impose a custodial sentence. His client remained alone before the court while politicians continued with denials, he said.
“He has paid an enormous price and he alone has paid it,” counsel said. “To add to that a custodial sentence would be unnecessary.”
Some 60 people have been interviewed as part of Cab’s investigations into the allegations made by Dunlop, the court also heard. The former government press secretary is the only person to admit any wrongdoing, Det Garda Harrington said.
The politicians involved either deny receiving the payments or say any money they did receive were legitimate political contributions.
Dunlop, dressed in a dark pinstripe suit, remained impassive during yesterday’s hearing and was not called to give evidence.
