Former Fine Gael politician Liam Cosgrave and businessman Jim Kennedy are seeking court orders requiring discovery of a range of documents for their separate legal bids to stop their trials on charges related to alleged corrupt payments for rezoning of lands in Carrickmines in Dublin in the 1990s.
The documents sought include correspondence, notes and memos between the Director of Public Prosecutions, the National Bureau of Criminal Investigation and the Criminal Assets Bureau relating to investigations concerning both men.
They also want documentation relating to former government press secretary and lobbyist Frank Dunlop, whom the court heard is the main witness in the action against both men.
In separate judicial review proceedings to be heard later this month, both men are seeking orders halting their trials on various grounds. The trials are listed for hearing at Dublin Circuit Court in October.
Both men are charged in connection with the attempted rezoning of land owned by Jackson Way Properties at Carrickmines in 1992 and the successful rezoning of part of these lands in 1997. Both deny the charges.
Mr Justice John Hedigan today began hearing separate discovery applications by both men and will continue that hearing tomorrow.
The applications for discovery, which are being resisted by the DPP, arise out of the director's statement of opposition to their judicial review proceedings.
Luán Ó Braonáin SC, for Mr Kennedy, said his client was seeking documents regarding the prosecution of Frank Dunlop, including material related to the DPP making clear he would only consider prosecuting Mr Kennedy and four councillors if Frank Dunlop was convicted.
Counsel said he also wanted documentation relating to the directions to locate, interview, arrest and charge his client. Mr Kennedy was taken into custody and subsequently charged after attending proceedings in the High Court in October 2010 brought by CAB in relation to lands at Jackson Way, counsel said.
Mr Kennedy was arrested outside the Four Courts despite the fact that, in the two weeks prior to attending court, he had rented, and came and went from, an apartment at the Four Seasons Hotel where one of his neighbours was a former taoiseach under full time Garda surveillance, counsel said.
Other documents sought included any indicating if there was any other investigation ongoing against Mr Kennedy and if other charges were contemplated against him.
Philip Rehn, for Mr Cosgrave, who is seeking to stop his trial on grounds including abuse of process, told the court his client was seeking a range of documents, including all correspondence exchanged between the DPP and CAB during the investigation of his client. He also wanted an affidavit sworn by Frank Dunlop in 2006.
In Mr Cosgrave’s case several, but not all, categories of documents sought by his client had been agreed with the State, counsel said.
Mr Cosgrave (55), a former TD, senator and councillor, of Merrion Park, Blackrock, Co Dublin is charged with receiving sums between June 12th and June 29th, 1992; on December 23rd, 1997, at Buswells Hotel, Dublin, and on October 30th, 1997, at the Davenport Hotel in Dublin.
Mr Kennedy, a father of 10, Cormorant Wharf, Queensway Quay, Gibraltar, is facing 16 charges of making corrupt payments to politicians relating to rezoning motions voted on by Dublin County Council and Dún Laoghaire/Rathdown County Council concerning land in Carrickmines, Co Dublin.