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Exclusion of CCTV footage would be 'manifestly contrary to maintenance of social order', State tells Lunney trial

Summary

The Special Criminal Court heard submissions regarding the admissibility of CCTV footage in the trial of Alan O'Brien, Darren Redmond, Luke O'Reilly, and an unnamed man, all of whom have pleaded not guilty to false imprisonment and intentionally causing serious harm. The accused are alleged to have abducted Quinn Industrial Holdings director Kevin Lunney in September 2019, causing him serious injuries. Defence counsel for the unnamed man and O'Brien argued that using private CCTV footage constitutes mass surveillance, breaching constitutional privacy rights and data protection regulations. State counsel Sean Guerin SC rejected this, stating that excluding lawfully obtained evidence is manifestly contrary to social order. He dismissed defence claims that the footage was edited or interfered with as fanciful and preposterous, noting the specific details of vehicles identified by the victim. The court is currently at the procedural stage of sentencing, though the report details ongoing evidentiary arguments. Mr Guerin's submissions were to continue before Mr Justice Tony Hunt, Judge Gerard Griffin, and Judge David McHugh.

Who, what, where, when and why

What: Report matter: Exclusion of CCTV footage would be 'manifestly contrary to maintenance of social order', State tells Lunney trial. Charges or matters: false imprisonment; intentionally causing serious harm. Procedural stage: sentence

When:

• September 17, 2019 Hearing Or Sentence
• 2021-07-01 Publication

Case subjects

Places mentioned

Topics

Stage Sentence

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Read the original CNI report