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07/06/2012
Supreme Court Dismisses Jim Kennedy's Appeal
The Supreme Court has upheld a High Court decision rejecting businessman Jim Kennedy’s attempt to stop his trial over alleged corrupt payments for land rezoning.
The charges are in connection with the attempted rezoning of land owned by Jackson Way Properties at Carrickmines, Dublin, in 1992 and the successful rezoning of part of these lands in 1997.
Last July, Mr Justice John Hedigan dismissed a challenge brought by Mr Kennedy, who denies all the charges against him.
This morning the five judge Supreme Court upheld the High Court’s decision and dismissed the appeal on a 4-1 majority, clearing the way for the criminal prosecution to proceed against the businessman.
In her judgment, the Chief Justice Ms Justice Susan Denham said the Mr Kennedy had not established a basis on which his appeal could succeed.
While there was a delay in bringing the charges against Mr Kennedy, the reasons given including the unavailability of key witnesses such as Frank Dunlop to give evidence are reasonable, she found.
Mr Justice Nial Fennelly, Mr Justice Donal O’Donnell and Mr Justice Frank Clarke all agreed with the Chief Justice’s ruling.
Mr Justice Adrian Hardiman disagreed. In his dissenting judgment, he said he would have allowed the appeal on the grounds that there had been a very considerable delay by the State in prosecuting the charges against Mr Kennedy.
(H)
The charges are in connection with the attempted rezoning of land owned by Jackson Way Properties at Carrickmines, Dublin, in 1992 and the successful rezoning of part of these lands in 1997.
Last July, Mr Justice John Hedigan dismissed a challenge brought by Mr Kennedy, who denies all the charges against him.
This morning the five judge Supreme Court upheld the High Court’s decision and dismissed the appeal on a 4-1 majority, clearing the way for the criminal prosecution to proceed against the businessman.
In her judgment, the Chief Justice Ms Justice Susan Denham said the Mr Kennedy had not established a basis on which his appeal could succeed.
While there was a delay in bringing the charges against Mr Kennedy, the reasons given including the unavailability of key witnesses such as Frank Dunlop to give evidence are reasonable, she found.
Mr Justice Nial Fennelly, Mr Justice Donal O’Donnell and Mr Justice Frank Clarke all agreed with the Chief Justice’s ruling.
Mr Justice Adrian Hardiman disagreed. In his dissenting judgment, he said he would have allowed the appeal on the grounds that there had been a very considerable delay by the State in prosecuting the charges against Mr Kennedy.
(H)
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