THE CRIMINAL Assets Bureau (Cab) and a company of which businessman Jim Kennedy is a director have agreed to the lifting of a court freezing order on most of a parcel of lands at Carrickmines, Dublin, which is at the centre of High Court proceedings.
Martin Hayden SC, for Jackson Way Properties Ltd (JWPL), told the court there was agreement that 68 acres of farmland should no longer be covered by a freezing order granted to the Cab in July 2006. JWPL said it will apply to lodge in court a €12 million arbitrator’s award made to it following the compulsory purchase of 20 acres of the Carrickmines lands for the south-eastern motorway.
That sum will be used as security in proceedings by the Cab alleging JWPL was unjustly enriched as a result of the rezoning of another 17 acres of the Carrickmines lands in 1997.
The Cab wants to have the alleged unjust enrichment proceeds handed over to the State but that action, which opened last week, has been deferred arising from the arrest of Mr Kennedy just after he left the first day’s hearing of the proceedings. Mr Kennedy and five councillors and former councillors were later charged with corruption in relation to the rezoning of part of the Carrickmines lands.
JWPL denies the claims against it and Mr Kennedy has also denied he provided a fund to former lobbyist Frank Dunlop to pay for the votes of councillors to rezone the lands, which are constituted in three parcels because the motor- way was built on part of them.
Mr Kennedy was back in the High Court yesterday where lawyers for JWPL sought to have the 2006 freezing order varied to allow dealings with 68 acres of the lands, which are zoned farmland with an estimated value of €3.5 million.
Mr Hayden, for JWPL, told the court, following agreement with the Cab to vary the order over the 68 acres, there was an outstanding issue related to a restrictive covenant by a neighbouring landowner in relation to the title of some of the lands and this was the subject of separate legal proceedings.
Mr Justice Kevin Feeney suggested the €12 million arbitration award might be brought into court as security in relation to any other claims over the motorway lands. He adjourned the matter to next Thursday so the papers could be filed in relation to the motorway lands. He said he was sensitive to opening up any matters currently the subject of criminal charges in parallel civil proceedings. The court was aware any criminal matters take precedence, he added.