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

Summary

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.

Who, what, where, when and why

What: Report matter: Lunney trial should be halted due to Graham Dwyer mobile data case, defence say. Charges or matters: false imprisonment; assault causing serious harm. Procedural stage: appeal

When:

• September 17, 2019 Incident
• September 17 Incident
• January 11, 2021 Adjournment
• 2020-11-17 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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• State urges court to uphold gang's conviction for kidnap and torture of Kevin Lunney
• Career criminal Harte must pay costs of Lunney abduction appeal
• Career Criminal who kidnapped and tortured Kevin Lunney fails in 'moot' appeal over non-jury trial

Read the original CNI report