THE STATE has failed to give reasons for a lengthy delay in bringing charges in connection with corrupt payments against businessman Jim Kennedy, the High Court was told yesterday.
Mr Kennedy, Cormorant 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.
Mr Kennedy, who denies the charges, has brought High Court proceedings aimed at stopping his trial, listed before Dublin Circuit Court in October, on grounds including inexcusable and inordinate delay.
The State is opposing his application in proceedings that resume on Tuesday before Mr Justice John Hedigan.
In separate proceedings, Mr Kennedy and former FG politician Liam Cosgrave are seeking orders against the Director of Public Prosecution, and the Attorney General preventing their trials on grounds including their constitutional rights to fair trial have been breached.
Yesterday, senior counsel Martin Hayden, for Mr Kennedy, said the State had charged his client based on information which it had in its possession for some time.
The DPP had, since 2004, a statement from former government press secretary Frank Dunlop upon which the charges were based, he said. However, charges were not brought against Mr Kennedy until 2010 when, “with a touch of Hollywood”, he was arrested outside the Four Courts after appearing as a witness in another case.
No proper explanation was given for the delay, counsel submitted. While the State appeared to be saying in its statement of opposition that, during that time, Mr Kennedy was difficult to find, that was not the case as he was “living openly” and was contactable.
Whatever about the Garda not being able to find Mr Kennedy, both Charlie Bird, who approached Mr Kennedy with a cameraman in 2000, and an RTÉ Prime Time crew who approached Mr Kennedy in the Isle of Man, seemed to have no problem tracking him down, counsel added.
Mr Hayden also argued his client was prejudiced by the fact many important witnesses who could have given evidence in the criminal proceedings, including the late former Fianna Fáil TD Liam Lawlor, are dead.
Opposing the application, senior counsel Anthony Collins, for the State, rejected the complaints about delay and said Mr Kennedy’s arguments were “unsustainable” as Mr Kennedy could not be charged until the DPP had all the information required.
The DPP was not in a position to bring charges against Mr Kennedy until the prosecution against Mr Dunlop had been concluded in 2008, he said.
The judge yesterday refused to grant Mr Kennedy discovery of certain material related to requests from the State to the Isle of Man authorities regarding Mr Kennedy.
Communications by the DPP in relation to the bringing of charges against Mr Kennedy arising out of Frank Dunlop’s prosecution were also sought. Mr Kennedy’s lawyer claimed he was entitled to discovery of that documentation but the State claimed it attracted legal privilege.
The judge ruled the documents were privileged on public interest grounds and also said he believed the documents did not advance the case being argued.
The judge this week reserved judgment on the application by Mr Cosgrave (55) to halt his trial. He denies charges of receiving sums between June 12th and June 29th, 1992; on December 23rd, 1997, at Buswells Hotel, Dublin, and on October 30th, 1997, at the Davenport Hotel in Dublin.