Kennedy to challenge refusal to compel testimony from former Government press secretary Dunlop21/01/2013 - 18:18:12
Businessman Jim Kennedy is challenging a judge's refusal to require former Government press secretary and lobbyist Frank Dunlop give sworn testimony for the purpose of criminal proceedings against Mr Kennedy.
Mr Kennedy is facing 16 charges including that he allegedly 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 in the action against Mr Kennedy, who denies all the charges against him, is Frank Dunlop.
That case is due to be heard later this year.
Today at the High Court Declan McGrath SC for Mr Kennedy's said that last November an application was made to the Circuit Court for an order under Section 4F of the 1967 Criminal Procedure Act that Mr Dunlop appear before a District Court Judge so that he his evidence be given by way of sworn deposition.
Counsel said the reason Mr Kennedy wanted Mr Dunlop deposed is that evidence given by Mr Dunlop at the Mahon Tribunal are inconsistent with and contradicts the contents of the former government press secretary's witness statement he has made that forms part of DPP's case against Mr Kennedy.
Mr Kennedy wants Mr Dunlop deposed in order to reconcile what he says are the two contradictory statements.
Counsel said that if Mr Dunlop agreed that the correct version of events was the account given by him to the Mahon Tribunal then it would follow that a number of charges against Mr Kennedy must fall.
However last December the Judge who heard the application, Judge Martin Nolan, refused Mr Kennedy's application to have Mr Dunlop deposed.
Mr Justice Michael Peart will decide later tomorrow whether to grant Mr Kennedy leave to bring his action.
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