THE CRIMINAL Assets Bureau (Cab) has described as “one last desperate throw of the dice” an attempt by Jackson Way Properties to halt High Court proceedings over its €53 million alleged unjust enrichment from the rezoning of lands in south Dublin.
Jackson Way Properties (JWP) is facing proceedings by the Cab concerning 17 acres of land owned by it in Carrickmines.
The Cab claims a €53 million hike in the value of the Carrickmines lands after rezoning was a direct result of “corrupt conduct in procuring the rezoning decision” and amounted to “corrupt enrichment” of JWP under the Proceeds of Crime Act 1996.
The Cab says the beneficial owners of JWP are businessman Jim Kennedy and solicitor John Caldwell; it obtained freezing orders over the land in 2005.
When the case came before the High Court yesterday, JWP applied to have it dismissed on grounds a number of affidavits for the Cab, including one from jailed lobbyist Frank Dunlop, contain inadmissible hearsay evidence. Mr Justice Kevin Feeney adjourned the matter to next October to allow JWP to file replying affidavits in which the allegedly inadmissible evidence should be identified.
Last February, the Supreme Court unanimously rejected a claim by JWP, with registered offices in Birmingham, England, that the Cab is not entitled to bring the proceedings in this jurisdiction. The court ruled the case involved “a public law remedy” in the interest of society.
Yesterday, JWP asked Mr Justice Feeney to strike out the Cab action on grounds it was not sustainable and because the Cab was relying on hearsay evidence in affidavits, including opinion evidence from the head of the Cab, Det Supt John O’Mahoney, based on alleged hearsay evidence given by Frank Dunlop in his affidavits.
Brian Murray SC, for the Cab, said the approach being adopted by JWP would lead to prolonged proceedings going on even longer. JWP could be given the opportunity to cross-examine any of the witnesses on affidavits, he added.