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'It would be nice' if EU courts gave structure on accessing phone data, Lunney judge says

Summary

The trial of Alan O'Brien, Darren Redmond, Luke O'Reilly, and a 40-year-old man, all accused of false imprisonment and intentionally causing serious harm to Kevin Lunney, is currently at the sentence stage. All four defendants have pleaded not guilty to the charges relating to the alleged abduction and assault of Mr. Lunney in September 2019. The court is presently addressing a six-day legal argument concerning the admissibility of mobile phone data evidence. The prosecution, represented by Sean Guerin SC, argues that gardai were entitled to access this data via search warrants to investigate serious crime, citing a lack of clarity in EU law regarding mass retention. Conversely, defence counsel contends that such access interferes with privacy rights under EU law and highlights procedural irregularities in the warrant applications. Mr Justice Tony Hunt expressed frustration at the lack of structured guidance from the Court of Justice of the European Union on accessing phone data for national security purposes. The court, sitting with Judges Gerard Griffin and David McHugh, has indicated it will deliver its decision on the admissibility of this evidence next week. The prosecution is scheduled to continue presenting CCTV evidence on Thursday. No final verdict or sentencing has been recorded in this report.

Who, what, where, when and why

What: Report matter: 'It would be nice' if EU courts gave structure on accessing phone data, Lunney judge says. Charges or matters: false imprisonment; intentionally causing serious harm. Procedural stage: sentence

When:

• September 17, 2019 Hearing Or Sentence
• 2021-06-15 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report