The controversial property company Jackson Way is facing seizure by the Criminal Assets Bureau of a multi-million-euro compensation award due shortly for its land in Carrickmines, Co Dublin, writes Paul Cullen.
The CAB is expected to freeze part or all of any compensation the company receives in respect of land which was compulsorily acquired for the South-Eastern Motorway, according to informed sources.
CAB detectives, who have been investigating the ownership of Jackson Way and its efforts to lobby politicians for a rezoning of the land for several years, are closely watching the arbitration process on the company's compensation claim.
The arbitrator, Mr John Shackleton, was expected to decide on the claim more than six months ago. However, his ruling was delayed when Jackson Way was struck off the companies register in the UK, where it is incorporated, last January.
Last month Jackson Way successfully applied to be restored to the register. Mr Shackleton will now reconvene the arbitration hearing late next month to hear formal evidence on the ownership of the company.
When the CAB wants to freeze assets it must first apply to the High Court for an interim order, allowing assets to be frozen for 21 days.
Before this period expires, it must apply to the court for an interlocutory or final order. This allows for assets to be frozen for a maximum of seven years. At the end of that period the CAB must seek court approval to fully dispose of assets.
Jackson Way is seeking €47 million in compensation for the 20 acres of its land which were acquired for the motorway. Dún Laoghaire-Rathdown County Council says it is willing to pay only €7.6 million for the land.
The Mahon tribunal's hearings into allegations that Jackson Way paid councillors money in return for their votes on rezoning motions are due to resume next month.
Last July the tribunal heard that the company was still refusing to co-operate with its inquiry.
Lawyers for one of those linked to the ownership of Jackson Way, solicitor Mr John Caldwell, said he was unable to compel the company to hand over documents because of a dispute between himself and another of the owners, businessman Mr Jim Kennedy.
Mr Caldwell has been summonsed to appear before the tribunal next month.
Tribunal lawyers want to know why Mr Caldwell claimed complete control over the company until the dispute with Mr Kennedy but now says that he is unable to influence its behaviour.
Last year CAB detectives raided a number of legal and accountancy firms, including Binchys, the law firm of which Mr Caldwell was a long-time partner.
The tribunal, which is currently investigating allegations of bribery centring on the Carrickmines lands, has been trying to unravel the ownership structure of Jackson Way for more than four years.
Mr Kennedy, whom Mr Frank Dunlop accuses of paying £25,000 to have councillors bribed, is refusing to come to Ireland from tax exile in the Isle of Man to give evidence to the tribunal.
