Court archive

Court reports mentioning Kilcogy, Cavan

2020-12-07 · Cavan

Bid to halt Lunney trial fails

Four men accused of falsing imprisoning and assaulting Quinn Industrial Holdings director Kevin Lunney have had a pre-trial application to adjourn their case rejected at the Special Criminal Court. Mr Justice Tony Hunt dismissed all four grounds of the defence application on December 7th, clearing the way for the trial to commence on January 11th as scheduled. The trial, expected to last twelve weeks, concerns allegations relating to an incident at Drumbrade, Ballinagh, County Cavan on September 17th, 2019. Luke O'Reilly, aged 66, from Mullahoran Lower, Kilcogy, County Cavan; Darren Redmond, aged 25, from East Wall, Dublin; and Alan O'Brien, aged 39, also from East Wall, Dublin, are named accused. A fourth defendant cannot be named for legal reasons. The court rejected arguments concerning mobile phone data retention law, High Court jurisdictional challenges, disclosure volume, and concerns regarding DNA evidence recovered from a van that subsequently caught fire while in gardai custody.

2020-11-26 · Cavan

Lunney accused complains DNA evidence was 'planted' on van that went on fire

Four men accused of falsely imprisoning and assaulting Quinn Industrial Holdings director Kevin Lunney appeared before the Special Criminal Court on 26 November to address an adjournment application. Luke O'Reilly, aged 66, from Mullahoran Lower, Kilcogy, County Cavan; Darren Redmond, aged 25, from East Wall, Dublin; Alan O'Brien, aged 39, also from East Wall, Dublin; and a fourth man who cannot be named for legal reasons, face charges relating to the alleged abduction and assault of Mr Lunney on 17 September 2019 in County Cavan. Defence counsel cited four grounds for postponing the scheduled January trial, including the volume of disclosure materials, pending High Court judicial review proceedings, ongoing Garda Síochána Ombudsman Commission investigation into a fire that destroyed a van allegedly used in the alleged offence, and uncertainty regarding mobile phone data retention law. One defendant's legal team alleged DNA evidence had been planted on the Renault Kangoo van before it was destroyed. The State opposed the application, emphasising the serious nature of the allegations and the importance of proceeding with trial.

2020-11-17 · Cavan

Lunney trial should be halted due to Graham Dwyer mobile data case, defence say

The Special Criminal Court has adjourned the trial of Luke O'Reilly, Darren Redmond, Alan O'Brien, and a fourth unnamed defendant, who are charged with false imprisonment and assault causing serious harm to Kevin Lunney. Defence counsel Michael O'Higgins SC applied for the adjournment, arguing that the law regarding the retention and accessing of mobile phone data is in a state of significant uncertainty. This argument references the appeal by Graham Dwyer, who sought to overturn his murder conviction for the killing of Elaine O'Hara by challenging the use of mobile data under the 2011 Communications (Retention of Data) Act. The European Court of Justice recently ruled in similar cases that member states do not have broad rights to retain such data, and the ECJ hearing for the Dwyer referral is expected to begin in mid-January. The DPP, represented by Sean Guerin SC, requested time to set out the Director's position, noting her desire to proceed with the case. The court, presided over by Mr Justice Tony Hunt, listed the matter for hearing next Thursday at 9.30am. The defendants were sent forward for trial last March, and the original trial date of January 11, 2021, was suspended pending this procedural review.

2020-11-02 · Cavan

Challenges by Kevin Lunney accused may delay trial

The Special Criminal Court has heard that the trial of four men accused of false imprisonment and assault causing serious harm to Quinn Industrial Holdings director Kevin Lunney may be delayed due to High Court challenges. The defendants, Luke O'Reilly, Darren Redmond, Alan O'Brien, and a fourth unnamed accused, were charged with abducting and assaulting Mr. Lunney in September 2019. The fourth accused and Mr. O'Brien have instituted judicial review proceedings challenging the Special Criminal Court's jurisdiction, while Mr. O'Reilly and Mr. Redmond have adopted the same position. Counsel for the DPP stated that the fourth accused's case is listed for mention in the High Court, with an early hearing expected. Mr. Justice Tony Hunt, presiding with Judges Gerard Griffin and David McHugh, noted that even if the State prevails, appeals are likely. Consequently, the court considered backing up the 12-week trial originally fixed for January 11, 2021. Counsel for the fourth accused indicated an application for adjournment on other grounds would be brought. The matter was adjourned to a mention hearing on November 16 to ascertain the updated position regarding the High Court proceedings.

2020-07-29 · Cavan

Kevin Lunney accused fails in bid to have charges dismissed

A man accused of falsely imprisoning and assaulting Quinn Industrial Holdings director Kevin Lunney has failed in his application to have the charges dismissed at the Special Criminal Court. Alan O'Brien, aged 39, from East Wall, Dublin, faced charges relating to an alleged incident at Ballinagh, County Cavan, on 17 September 2019. The three-judge court determined there was sufficient evidence to proceed to trial, rejecting his Section 4E application for dismissal. The court was satisfied a prima facie case had been established by the prosecution. O'Brien was remanded in custody pending trial, scheduled for January 2021, where he will face trial alongside three co-accused. Two of his co-accused were previously granted High Court bail in April, with the presiding judge acknowledging the serious nature of the allegations whilst upholding the presumption of innocence.

2020-07-06 · Cavan

Kevin Lunney accused to bid to have charges dismissed

Alan O'Brien, aged 39, with an address at Shelmalier Road, East Wall, Dublin 3, appeared before the Special Criminal Court on July 6th, 2020 to seek dismissal of charges relating to the false imprisonment and assault of Kevin Lunney. Mr Lunney was allegedly abducted near his home in County Fermanagh on September 17th, 2019, and subjected to serious harm during an ordeal lasting approximately two and a half hours before being left on a roadside in County Cavan. Mr O'Brien's application under Section 4E of the Criminal Justice Act 1999 was adjourned, with the hearing scheduled for July 29th. He was remanded in custody pending that date. Three co-accused face identical charges. Luke O'Reilly and Darren Redmond, who were granted High Court bail in April, had their case also mentioned. Trial of all four defendants was set for January 11th, 2021.

2020-06-10 · Cavan

Trial date set for Kevin Lunney accused

Four men faced the Special Criminal Court on charges of false imprisonment and assault causing serious harm to Kevin Lunney, a director of Quinn Industrial Holdings, at Drumbrade, Ballinagh, County Cavan on 17 September 2019. Luke O'Reilly, Darren Redmond, and Alan O'Brien were named in court, while a fourth defendant cannot be identified for legal reasons. The trial is scheduled to commence on 21 January 2021. The court heard that the case involves approximately 50,000 documents requiring digital processing, with disclosure expected within four to six weeks. O'Reilly and Redmond had their bail extended to January, while O'Brien and the fourth accused were remanded in custody. A vehicle belonging to the unnamed defendant and seized as evidence was destroyed while in Garda possession, described as occurring "apparently by accident". The defence sought full disclosure regarding the vehicle's destruction. Presiding Judge Tony Hunt ordered the four men to have no contact with persons involved in the case and issued an alibi warning.

2020-04-27 · Cavan

Bail bid by men accused of attack on Quinn director

Mr Justice Paul Burns is scheduled to deliver a decision tomorrow at 10:30 am on bail applications for Luke O'Reilly (66) and Darren Redmond (25), who are charged with false imprisonment and assault causing serious harm to Quinn Industrial Holdings Director Kevin Lunney. The alleged offences occurred on September 17, 2019, at Drumbrade, Ballinagh, Co Cavan. The State opposed bail, citing risks of interference with justice and flight, while defence counsel argued there was no evidential basis for refusal. Both men were sent forward for trial to the Special Criminal Court on March 26, with proceedings potentially beginning in January 2021. Separately, Alan O'Brien (39), of East Wall, is also charged with false imprisonment and assault causing serious harm to Mr Lunney on the same occasion. A fourth accused, who cannot be named for legal reasons, faces similar charges. All four men are to be tried at the non-jury Special Criminal Court. Last week, Mr Justice Tony Hunt indicated the trial could last eight to 12 weeks and transferred the case to Court 2 for a mention on June 10. The current procedural stage involves the pending bail determination for O'Reilly and Redmond, while the broader case remains in pre-trial preparation.

2020-04-20 · Cavan

Trial of Kevin Lunney accused could last for three months

Four men appeared before the Special Criminal Court charged with false imprisonment and assault causing serious harm to Kevin Lunney, a director of Quinn Industrial Holdings. Luke O'Reilly, aged 66, from Mullahoran Lower, Kilcogy, County Cavan, Darren Redmond, aged 25, from East Wall, Dublin, and Alan O'Brien, aged 39, also from East Wall, are accused of offences relating to an alleged incident at Drumbrade, Ballinagh, County Cavan on 17 September 2019. A fourth accused cannot be identified for legal reasons. Mr Justice Tony Hunt, presiding over the three-judge court, indicated the trial is likely to last between eight and twelve weeks. The case was transferred to a different courtroom and adjourned for mention on 10 June. A trial is anticipated to commence in January 2021. All four accused were remanded in custody.

2020-03-30 · Cavan

Four to appear before Special Criminal Court charged with attack on Quinn director

Four men are to appear before the Special Criminal Court on Friday following their committal for trial over allegations relating to the assault and false imprisonment of a Quinn Industrial Holdings director in September 2019. Luke O'Reilly, aged 66, from Mullahoran Lower, Kilcogy, County Cavan, Darren Redmond, aged 25, from East Wall, Dublin, and Alan O'Brien, aged 39, also from East Wall, have been charged with false imprisonment and assault causing serious harm. The alleged incident occurred at Drumbrade, Ballinagh, County Cavan on September 17, 2019. A fourth accused cannot be identified for legal reasons. The three-judge court, presided over by Justice Tony Hunt with Judges Sinéad Ní Chúlacháin and Gerard Griffin, ordered that the accused appear before the court to receive formal notice of the charges. None of the four were present at the earlier legal formality.