A €13 million compensation payment to controversial property company Jackson Way is being delayed by a row over legal fees, the tribunal heard yesterday. Paul Cullen reports.
Amusement arcade owner Mr Jim Kennedy is refusing to release the title deeds of land owned by the company at Carrickmines, according to his business colleague Mr John Caldwell.
Mr Caldwell said Mr Kennedy was unhappy at the level of legal and other professional fees due following Jackson Way's lengthy battle with Dún Laoghaire/Rathdown County Council over compensation for 20 acres of its land which were compulsorily acquired for the South-Eastern Motorway.
Last year, an arbitrator awarded the company €13 million in compensation but the council says it will not pay the money until Jackson Way proves its title to the land. Jackson Way and Mr Kennedy are under investigation for allegedly bribing county councillors.
Mr Caldwell told the tribunal yesterday that former Fianna Fáil TD Mr Liam Lawlor and retired assistant Dublin city and county manager Mr George Redmond had nothing to do with the Carrickmines land.
Only he and Mr Kennedy were involved in Jackson Way, the English-registered company that claims to own the land, he said.
Mr Caldwell said he didn't believe any other person had an interest in Mr Kennedy's side of the ownership structure. For over 16 years, he had dealt only with Mr Kennedy in relation to the land.
"The Carrickmines land relationship is one between Jim Kennedy and myself. It did not involve anyone else." Mr Lawlor was never involved "in the sense of ownership, in any shape or guise" and he had never met Mr Redmond.
Mr Lawlor was involved with Mr Caldwell and Mr Kennedy in three other property transactions in Dublin, the tribunal heard. The offshore companies controlling these ventures were among 13 companies listed on a document prepared by a Jersey-based solicitor, Mr Nicholas Morgan, who acted for Jackson Way.
The Criminal Assets Bureau seized the document several years ago when it raided the offices of a Dublin legal firm.
The same document appears to show that yet another ownership layer lies behind Mr Kennedy's share of the land.
While Mr Kennedy has been linked to Pertland Ltd, registered in Liberia, it appears a hitherto unknown entity, Zico Trust, lies behind this company.
Judge Gerald Keys said the structures behind Jackson Way were "clouded in mystery". Behind one layer lay another and, ultimately, it was impossible to find out the origin of funds, he said.
Mr Caldwell said the secrecy was not deliberate but admitted it was "a function of my personality". He didn't wish his affairs to be a matter of public discussion.
Earlier, he said Mr Morgan wouldn't give him documents concerning his and Mr Kennedy's ownership of the Carrickmines land. It was "illogical" and "silly" for Mr Morgan to take this position.
Mr Morgan had taken the position that he would not provide documents unless both Mr Caldwell and Mr Kennedy gave their consent. Mr Kennedy had not given his consent.
Judge Mary Faherty asked why Mr Kennedy had more sway over Mr Morgan than Mr Caldwell. A "one-way trust" seemed to be operating, she said.
Mr Caldwell said Mr Morgan had had a much longer relationship with Mr Kennedy than he had.
While he had no right to Mr Kennedy's documents, the other two men had no right to withhold from him documents relating to their joint ownership.
The witness explained the absence of his name from legal ownership documents for Carrickmines by saying he was "an intensely private person".
Complex offshore structures had been put in place for tax reasons.