Lunney investigation phone data obtained with invalid warrants, defence lawyers argue

At the Special Criminal Court in Dublin on 9 June 2021, defence counsel challenged the validity of search warrants used to obtain mobile phone data in the investigation of Kevin Lunney's abduction and assault in County Cavan in September 2019. Michael O'Higgins SC argued that the warrant application contained insufficient information to justify seizing phone records linked to his client and that the warrant was executed at an incorrect address. Three men have pleaded not guilty to false imprisonment and causing serious harm to Mr Lunney. Mr O'Higgins contended that gardai failed to articulate reasonable grounds for believing the phone data would yield relevant material and that relying on contact frequency between numbers should have been explicitly stated to the judge. He further submitted that using warrants under the Criminal Justice Act 1997 removed protections previously afforded under an earlier system. The co-accused adopted his submissions. The trial continues before Mr Justice Tony Hunt and judges Gerard Griffin and David McHugh.