Cosgrove and Kennedy lose bids to halt corrupt payment trials
The High Court has today dismissed applications by ex-FG TD Liam Cosgrove and businessman Jim Kennedy aimed at stopping their trials in connection with alleged corrupt payments in relation to rezoning of lands in Dublin.
Both 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 these lands in 1997.
In separate judgments delivered this morning, Mr Justice John Hedigan dismissed both their applications, clearing the way for their trials to go ahead.
The two men sought orders against the DPP, Ireland and the Attorney General aimed preventing their trials on grounds including their constitutional rights to a fair trial have been breached.
Their trials are listed before Dublin Circuit Court in October. Both men deny the charges against them.
Mr Cosgrave (aged 55) is charged with receiving sums between June 12 and June 29, 1992; on December 23, 1997, at Buswells Hotel, Dublin, and on October 30, 1997, at the Davenport Hotel in Dublin. He denies the charges.
Lawyers acting for the former TD, Senator and Councillor, of Merrion Park, Blackrock, Co Dublin claim his trial is an abuse of process.
It was claimed the charges arise out of the same factual matrix, which are allegations by former Government press secretary and lobbyist Mr Frank Dunlop, of a criminal charge he pleaded guilty to in 2006.
Mr Kennedy, a father of 10, 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.
His lawyers claimed his trial should be prohibited on grounds including that there was an inordinate and inexcusable delay before charges were brought against the businessman.
The State opposed their applications, and argued no grounds were put forward that would merit prohibiting their trials.
