Courts / Cavan / Report

Lunney accused challenge admissibility of phone evidence

Summary

The Special Criminal Court heard a challenge to the admissibility of mobile phone evidence in the trial of Alan O'Brien, Darren Redmond, and Luke O'Reilly. The three defendants, who have pleaded not guilty, are accused of falsely imprisoning and intentionally causing serious harm to Quinn Industrial Holdings director Kevin Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019. Lunney alleged he was abducted, threatened, and severely assaulted, including being cut with a knife and having his leg broken. Defence counsel Michael O'Higgins SC questioned the legality of the data collection, noting that Gardaí obtained phone records via Section 10 warrants rather than through Security and Intelligence. Detective Garda Sharon Walsh explained this shift followed the Graham Dwyer judgment, where Dwyer, convicted of the 2012 murder of Elaine O'Hara, challenged the previous method. Walsh admitted using "formalised wording" in her statement, which she attributed to a document in the Garda incident room. Sergeant Lisa Murray acknowledged an "oversight" where a warrant incorrectly listed Redmond's phone as unregistered, despite it being registered to him. Presiding Judge Tony Hunt inquired if the specific wording was material to the case, to which defence counsel replied it might be. The matter remains at the procedural stage of challenging evidence admissibility.

Who, what, where, when and why

What: Report matter: Lunney accused challenge admissibility of phone evidence. Charges or matters: false imprisonment and intentionally causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17, 2019. Procedural stage: sentence. Findings: Convicted

When:

• August 2012 Other
• September 17, 2019 Hearing Or Sentence
• 2021-06-08 Publication

Why: " Sgt Murray also told Mr Bowman that one piece of information on the warrant was incorrect but was not corrected because of an "oversight". CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report