Judge's refusal to require Dunlop to testify overturned
The High Court has today overturned a judge's refusal to require former Government press secretary Frank Dunlop to provide sworn testimony for the purpose of criminal proceedings against businessman Jim Kennedy.
Mr Kennedy, Cormorant Quay, Gibraltar, has denied 16 charges, including he gave sums of money to certain politicians as an inducement or reward for voting in favour of motions to rezone certain lands at Carrickmines, Co Dublin, in 1992 and 1997.
The chief prosecution witness is Mr Dunlop and the case is due to be heard in June.
Mr Kennedy wanted Mr Dunlop to provide sworn evidence before a District Court judge for use in the criminal proceedings.
Last December, Circuit Court Judge Martin Nolan refused an order under the 1967 Criminal Procedure Act requiring Mr Dunlop to appear before a District Court judge to give his evidence by sworn deposition.
In his judgment today, Mr Justice Gerard Hogan quashed Judge Nolan's refusal and remitted the application to have Mr Dunlop deposed back to the circuit court.
Mr Justice Hogan said Judge Nolan had taken the view that an order requiring Mr Dunlop to be deposed could only be made where there was a real risk that Mr Kennedy would not get a fair trial.
Mr Justice Hogan said that in his view that was "too restrictive an approach".
Judge Nolan had applied the wrong test when ruling on Mr Kennedy's application.
That decision "cannot possibly stand" and in the circumstances Mr Justice Hogan said he had "no option" other than quash Judge Nolan's decision.
