Former Fine Gael politician Liam Cosgrave and businessman Jim Kennedy have brought separate legal actions aimed at stopping their trials on charges related to alleged corrupt payments for rezoning of lands in Carrickmines in Dublin in the 1990s.
Both men are seeking orders preventing their trials, listed for hearing at Dublin Circuit Court next October, on grounds including their constitutional rights to a fair trial have been breached.
The two are charged in connection with the attempted rezoning of land owned by Jackson Way Properties at Carrickmines in 1992 and the successful rezoning of part of thise lands in 1997. Both men deny the charges.
Liam Cosgrave (55), a former TD, Senator and Councillor, of Merrion Park, Blackrock, Co Dublin is charged with 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.
Mr Kennedy, a father of ten, Comorant 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, Co Dublin.
At the High Court yesterday, Brendan Grehan SC, for Mr Cosgrave, said the proceedings against the DPP, Ireland and the Attorney General were being brought on grounds including the forthcoming prosecution was an "abuse of process", "oppressive" and "unfair."
Mr Cosgrave was prosecuted and convicted in 2005 for failing to disclose a political donation and that offence arose out of "the same factual matrix" grounding the charges nowe faced by his client, counsel said.
Mr Cosgrave had pleaded guilty to the charge in 2006, received a 75 hour community sentence order and believed the matter was over.
The information on which Mr Cosgrave was now being prosecuted was available to the State in 2005, Mr Grehan said. In that case, with the current charges, the former government press secretary and lobbyist Frank Dunlop was the main prosecution witness.
In 2005, Mr Cosgrave's lawyers sought full discovery of all statements by Mr Dunlop but the prosecuting authorities had failed to do so in breach of Mr Cosgrave's rights, counsel said.
Martin Hayden SC for Mr Kennedy, said his client's constitutional right to a fair trial had been breached because of the inordinate and inexcusable delay in bringing these charges.
Counsel said Mr Kennedy had brought his proceedings against the DPP because of the excessive delay of 19 years between the dates of the alleged offences and the date when Mr Kennedy was charged.
Mr Kennedy was also prejudiced by the deaths of several important witnesses, including the former FF TD Liam Lawlor, counsel said. CCTV pictures of places where it was alleged Mr Kennedy had meetings with certain parties and diaries which would indicate his whereabouts on certain dates were no longer available as part of his defence, Mr Hayden added.
While Mr Kennedy had lived outside the State since 1989, he did so in countries which all had extradition treaties with Ireland, counsel said. in the circumstances, there was a real risk he would not get a fair trial.
Mr Justice Michael Peart granted leave to both men to bring their separate judicial review proceedings and both cases were made returnable to a date later this month.
The judge said he was satisfied both applicants had made out an arguable case, meeting the low threshold required to allow the court grant them leave for judicial review. Both applications were made on an ex parte (one side only represented) basis.
Three other politicians are also facing charges of receiving sums for voting for the rezoning of 108 acres of land in Carrickmines on dates in 1992 and 1997.
These include Colm McGrath, Swiftford, Saggart, Dublin, who is alleged to have received a sum at his office in Clondalkin, in June 1992. Former Senator Don Lydon, Stillorgan Park Avenue, Dublin, is alleged to have received a sum at St John of God Hospital in Dublin in May 1992 while Tony Fox, Mountainview Park, Churchtown, Dublin, is alleged to have received sums between October 1997 and December 1997 and in June 1992.
Charges were also brought against a fourth former politician, Sean Gilbride, Skerries, Co Dublin, but he died earlier this year.