Courts / Cavan / Report

Lunney investigation phone data obtained with invalid warrants, defence lawyers argue

Summary

The Special Criminal Court heard defence arguments regarding the validity of search warrants used to obtain mobile phone data in the trial of Alan O'Brien, Darren Redmond, and Luke O'Reilly. The three men, who have all pleaded not guilty to false imprisonment and intentionally causing serious harm to Kevin Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019, are facing charges alleged to involve abduction and severe assault. Defence counsel Michael O'Higgins SC argued that the warrants were invalid due to an "information deficit" and were executed at the wrong address. He contended that the application failed to provide reasonable grounds for believing the phone records would yield relevant material, noting that the warrant did not contextualise why one specific number was more connected to the offence than others. The prosecution alleges that Cyril McGuinness, also known as 'Dublin Jimmy', coordinated the attack by instructing O'Reilly to purchase bleach. While the defence challenges the use of Section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 for obtaining records, the court is currently at the sentence stage. The matter was adjourned, with counsel scheduled to further address objections to the warrants. The trial continues before Mr Justice Tony Hunt, Judge Gerard Griffin, and Judge David McHugh.

Who, what, where, when and why

What: Report matter: Lunney investigation phone data obtained with invalid warrants, defence lawyers argue. 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

When:

• September 17, 2019 Hearing Or Sentence
• 2021-06-09 Publication

Why: Gardai had focused on Mr O'Reilly early in their investigation because he was seen on CCTV buying bleach at a nearby shop during the time that Mr Lunney had been abducted. CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

Related court reports

• Court refuses to reduce sentence for brothel keeper caught with child abuse material
• 'Wouldn't be out of place in a Tarantino movie': Lunney kidnappers challenge sentences for 'animalistic' torture and abduction
• 'A shocking, shocking tragedy': man must first serve six-year term for trying to murder father before starting life sentence for murdering mother, judge rules
• 'We never expected him to be grateful. But we never expected murder': man apologies to family for murdering mother and trying to murder father
• No jail for passenger who sexually assaulted Ryanair cabin crew member
• Former accountant went on 'nationwide tour' with bank card stolen from hospital patient

Read the original CNI report