Courts / Cavan / Report

Gardai breaking law for 'years and years' by seizing phone data, Lunney trial told

Summary

The Special Criminal Court heard arguments regarding the admissibility of mobile phone data in the trial of Alan O'Brien, Darren Redmond, Luke O'Reilly, and an unnamed 40-year-old man. All four accused have pleaded not guilty to false imprisonment and intentionally causing serious harm to Quinn Industrial Holdings director Kevin Lunney. Defence counsel Michael O'Higgins SC argued that gardai repeatedly broke the law by accessing illegally retained data, citing European Court of Justice rulings that mass retention breaches privacy rights. He contended the evidence was unlawfully obtained and should be ruled inadmissible. Prosecution counsel Sean Guerin SC countered that such data collection is a permitted interference with privacy to investigate serious crime. The court heard that Lunney alleged he was abducted, assaulted, and forced to resign as a director in September 2019. Mr Justice Hunt, presiding, expressed skepticism about the legal conclusions regarding data retention, stating the idea that courts must accept them uncritically does not sit easily with him. The defence also argued that search warrants used to obtain the data were disproportionate and contained inadequate information. The matter was adjourned, with Mr Guerin scheduled to continue his submissions on Monday before Mr Justice Hunt, Judge Gerard Griffin, and Judge David McHugh.

Who, what, where, when and why

What: Report matter: Gardai breaking law for 'years and years' by seizing phone data, Lunney trial told. Charges or matters: false imprisonment; intentionally causing serious harm. Procedural stage: sentence

When:

• September 17, 2019 Hearing Or Sentence
• 2021-06-11 Publication

Why: Mr O'Higgins said the material gardai uncovered should be ruled inadmissible because it was unlawfully obtained. CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence

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