Judges reject defence bid to adjourn Lunney trial

The Special Criminal Court has rejected two defence applications in the trial of four men charged with the abduction and assault of Quinn Industrial Holdings director Kevin Lunney at Ballinagh, County Cavan on 17 September 2019. Defence counsel sought an adjournment to refer questions regarding the legality of mobile phone data retention to the Court of Justice of the European Union, arguing recent European rulings were contradictory. Presiding Judge Tony Hunt dismissed the application, noting that defence lawyers had not suggested such a referral when the issue was first considered in June and that the court retained discretion on such matters. He stated the legal basis for data retention is provided by the Communications (Retention of Data) Act 2011. The court also rejected a defence submission that witnesses who gave evidence during legal argument should be recalled to swear fresh oaths before the trial proper. Judge Hunt stated the Special Criminal Court may set its own procedures and that requiring hundreds of witnesses to return would be impracticable.