Appeal on €53m 'corrupt' land deal claim by Cab to go ahead

THE SUPREME Court will later this month hear an appeal by Jackson Way Properties Ltd (JWP) aimed at preventing the Criminal Assets Bureau (Cab) suing it here for €53 million over alleged “corrupt enrichment” as a result of the sale of lands at Carrickmines. The Chief Justice, Mr Justice John Murray, was told yesterday the appeal by JWP against a High Court decision that the Cab was entitled to bring the proceedings in this jurisdiction was ready to proceed on February 18th.

JWP, with registered offices in Birmingham, England, contends the Irish courts have no jurisdiction to hear and determine the Cab proceedings.

In separate High Court proceedings, JWP is seeking orders to enforce a €12.8 million award made to it by an arbitrator in November 2003 against Dún Laoghaire-Rathdown County Council over the acquisition of the lands for the M50 motorway.

The council contends the award cannot be enforced because, it claims, JWP is unable to produce title to the lands and cannot prove the extent of title.

The 17 acres of lands involved are at the centre of a rezoning controversy and are subject of a freezing order granted to the Cab in 2005 pending the outcome of its own proceedings against JWP.

The Cab claims a €53 million hike in the value of the lands was a direct result of “corrupt conduct in procuring the rezoning” and amounted to “corrupt enrichment” of JWP within the meaning of that phrase in Section 16B of the Proceeds of Crime Act 1996.

When seeking the freezing order over the JWP lands in July 2005, then Cab chief officer Felix McKenna said the 17 acres were rezoned from agricultural to industrial by 13 votes to 11 at a special council meeting of Dún Laoghaire-Rathdown County Council on December 16th, 1997.

Chief Supt McKenna said the Cab believed the rezoning decision was procured by corrupt payments to county councillors made by Frank Dunlop in furtherance of an agreement with James Kennedy whereby Mr Dunlop was to receive the commercial value of one rezoned acre of the Carrickmines lands if he successfully arranged the rezoning.

Chief Supt McKenna said the beneficial owners of JWP are James Kennedy, a businessman involved in running an amusement arcade at Westmoreland St, and a solicitor John Caldwell.