Courts / Cavan / Report

'Day of reckoning': defence in Lunney trial criticises government inaction of data law

Summary

A barrister representing one of three men charged with the abduction and assault of Quinn Industrial Holdings director Kevin Lunney has criticised the government's failure to introduce legislation governing gardai access to mobile phone data. Michael O'Higgins SC told the Special Criminal Court that a "day of reckoning" has arrived following the State's inaction since court rulings and reports from 2012 onwards exposed legislative deficiencies. Three men, including a 40-year-old who cannot be named by court order, Alan O'Brien, aged 40, and Darren Redmond, aged 27, both from East Wall, Dublin, and Luke O'Reilly, aged 67, of Mullahoran Lower, Kilcogy, County Cavan, have all pleaded not guilty to false imprisonment and intentionally causing serious harm to Mr Lunney on 17 September 2019 at Ballinagh, County Cavan. Mr O'Higgins argued that evidence obtained via mobile phone data accessed through search warrants should be ruled inadmissible, as the relevant legislation lacks necessary safeguards. He noted that a Supreme Court ruling in January 2019 found the Communications (Retention of Data) Act 2011 inconsistent with European law.

Who, what, where, when and why

What: Report matter: 'Day of reckoning': defence in Lunney trial criticises government inaction of data law. 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
• January 2019 Hearing Or Sentence
• 2021-06-10 Publication

Why: " Mr O'Higgins responded: "They must do it in accordance with the law and the law doesn't change because you want to achieve a good result. 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