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Lunney abductor Harte claims conviction and 30-year sentence should be set aside

2023-03-16 · Cavan, Cavan · Special Criminal Court

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The High Court has reserved its decision on a constitutional challenge brought by Alan Harte, who seeks to overturn his conviction and 30-year sentence imposed by the Special Criminal Court in 2021. Harte was sentenced for the serious harm and false imprisonment of Quinn Industrial Holdings director Kevin Lunney at a yard in Drumbrade, Ballinagh, County Cavan in September 2019. His legal team contests the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court conviction was unanimous or by majority decision. Counsel argued that the non-jury court's 2-1 majority threshold is inequitable compared to jury trials requiring ten-to-two verdicts and creates discrimination between accused persons tried in different court systems. The State respondents opposed the application, maintaining the legislation is constitutional. Justice Marguerite Bolger heard submissions on Thursday and will deliver judgment at a later date.

Source: Courts News Ireland This page is a localnews.ie summary and index entry; the full original report may require a publisher subscription.

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