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Lunney abductor claims verdict at Special Criminal Court breached his rights
Summary
A man convicted at the Special Criminal Court of kidnapping and assaulting a Quinn Industrial Holdings director has launched a High Court challenge against his conviction and 30-year sentence. Alan Harte claims that Section 40 of the 1939 Offences Against the State Act breaches his constitutional rights by preventing disclosure of whether his conviction was unanimous or by majority decision. He argues this creates inequality compared to jury trials, where at least ten jurors must agree on a verdict. Harte's legal team contends the provision violates constitutional guarantees of equality and the public administration of justice. The High Court heard the application before Mr Justice Charles Meenan, who adjourned proceedings to allow further submissions on which specific constitutional rights were affected. The case concerns an incident at Drumbrade, Ballinagh, County Cavan in September 2019.
Who, what, where, when and why
What: Report matter: Lunney abductor claims verdict at Special Criminal Court breached his rights. Procedural stage: sentence. Findings: Convicted
When:
- September 2019 Hearing Or Sentence
- 2022-02-21 Publication
Why: He also seeks declarations including that Section 40 of the 1939 Act breaches the Irish Constitution because it does not allow an accused person to be informed if they have been convicted by a majority or unanimous decision of the SCC. CNI source report
Case subjects
Defendant
Finding: Convicted
Outcome: Convicted; Last year Harte (41) was sentenced to 30 years in prison by the SCC for committing serious harm and falsely imprisoning the Quinn Industrial Holdings (QIH) director at a yard in Drumbrade, Ballinagh, Co Cavan in September 2019. Represented by Michael O Higgins SC, with Michael Hourigan BL, Harte seeks various orders including one setting aside the conviction and sentence imposed on him by the SCC.; The matter came before Mr Justice Charles Meenan on Monday, who adjourned the ex-parte application for permission to bring the challenge.
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