Courts / Dublin / Report
Kevin Lunney accused challenges non-jury trial
Summary
A Dublin man charged in connection with an incident involving Quinn Industrial Holdings director Kevin Lunney has initiated High Court proceedings challenging the Director of Public Prosecutions' decision to try him before the Special Criminal Court without jury. Alan O'Brien, aged 39, stands accused alongside three others of falsely imprisoning and causing serious harm to Mr Lunney at Ballinagh, County Cavan on 17 September 2019. Mr O'Brien contends that non-jury trial constitutes a significant infringement of his constitutional entitlements. His counsel argued that the legislative provision enabling such trials dates from 1972 emergency legislation during the Troubles and has never been converted into permanent law. Mr O'Brien seeks declarations that the Special Criminal Court lacks jurisdiction and that the Oireachtas has failed to establish adequate criteria governing non-jury proceedings. He is the second of four accused men to mount such a challenge. Justice Charles Meenan ordered the application be made on notice to State representatives, with proceedings returnable in September.
Who, what, where, when and why
What: Report matter: Kevin Lunney accused challenges non-jury trial. Charges or matters: assault; false imprisonment. Procedural stage: sentence
When:
- September 17th, 2019 Hearing Or Sentence
- 2020-09-07 Publication
Case subjects
Applicant
Applicant
Places mentioned
- High Court
- Special Criminal Court
- Supreme Court
- Shelmalier Road
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request