BUSINESSMAN JIM Kennedy has instructed his lawyers to seek a High Court injunction aimed at stopping an action by the Criminal Assets Bureau (Cab) against a company of which he is a director.
The Cab has claimed Jackson Way Properties was unjustly enriched as a result of the 1997 rezoning of lands at Carrickmines in Dublin.
Mr Kennedy, with an address in Gibraltar, was due to be discharged from hospital yesterday after undergoing tests after being taken ill in the early hours of Wednesday morning while in custody in Irishtown Garda station. Mr Kennedy was in the station following his arrest on Tuesday evening by the Cab officers.
The 62-year-old was arrested on the quays in Dublin after he had left the High Court where he will be the principal witness for Jackson Way in the Cab action.
Following his admission to hospital, lawyers for the company asked the court on Wednesday to adjourn the unjust enrichment proceedings so they could take instructions from Mr Kennedy.
Yesterday, Luan Ó Braonain SC, for the company said Mr Kennedy was due to be discharged yesterday evening but had in the meantime given instructions to seek an injunction restraining the Cab, or any other members of the Garda, from interfering with Mr Kennedy in relation to the matters subject of the unjust enrichment case.
Counsel said his side would also be seeking a determination whether the arrest of Mr Kennedy constituted an interference with the administration of justice. If such a finding was made, an application will be brought to have the entire proceedings dismissed, counsel added.
Alternatively, his side would also seek to stay the proceedings should criminal charges be brought by the Cab (in relation to Mr Kennedy’s arrest) until any such charges are disposed of.
An order might also be sought adjourning the proceedings for the duration of Mr Kennedy’s detention in custody (which resumes after he leaves hospital).
Mr Ó Braonain also said the company will apply to vary a freezing order imposed on all 108 acres of the Carrickmines lands.
That order prevents disposal of all 108 acres but the court heard on Tuesday 68 acres zoned as farmland are no longer subject of the unjust enrichment proceedings. Jackson Way Properties wants the order affecting those 68 acres lifted.
Mr Justice Kevin Feeney said the company could serve short notice of its injunction applications on the Cab and the matter could come back before him today when he would hear arguments whether the injunction proceedings should be heard by him or another judge. He also adjourned the main Cab proceedings to tomorrow.
The court was told on Tuesday that Mr Kennedy denies claims by former lobbyist Frank Dunlop that he gave IR£25,000 (€31,750) to him in 1992 to buy councillors’ votes for rezoning lands at Carrickmines. The lands were rezoned in 1997, were valued at €53 million in 2005, and their latest valuation is €2.6 million.