Courts / Cavan / Report

Lunney trial judges reject bid to exclude CCTV evidence

Summary

The Special Criminal Court has ruled on the admissibility of evidence in the trial of four men accused of abducting and assaulting businessman Kevin Lunney. Alan O'Brien, Darren Redmond, Luke O'Reilly, and a 40-year-old man identified as YZ have all pleaded not guilty to false imprisonment and intentionally causing serious harm. Presiding Judge Tony Hunt rejected defence arguments that gardai used mobile phone data and private CCTV in a manner constituting mass surveillance or a breach of privacy rights. The court determined that the evidence was lawfully gathered and proportionate, noting that the investigation targeted specific data rather than engaging in indiscriminate collection. While the judge admitted most mobile phone and CCTV footage, he excluded evidence relating to YZ's partner and restricted the timeframe for data attributed to Redmond. Additionally, footage from two specific locations was ruled inadmissible due to a lack of direct evidence regarding their operation. The court emphasized that privacy rights are balanced against the necessity to investigate serious organized crime. The trial, which also includes Judges Gerard Griffin and David McHugh, continues.

Who, what, where, when and why

What: Report matter: Lunney trial judges reject bid to exclude CCTV evidence. Charges or matters: false imprisonment; intentionally causing serious harm. Procedural stage: sentence

When:

• September 17, 2019 Hearing Or Sentence
• August 1 Incident
• October 23, 2019 Incident
• 2021-07-08 Publication

Why: " Such investigations, the judge said, go beyond the simple prevention and prosecution of serious crime but are required to "identify and dismantle serious criminal organisations" because they represent a "distinct and fundamental challenge" to the State. Prosecution account reported by CNI

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Read the original CNI report