Courts / Cavan / Report
Application by Lunney abductor Harte must be on notice to DPP
Summary
The High Court has directed that an application by Alan Harte, who was convicted of kidnapping and torturing Quinn Industrial Holdings director Kevin Lunney, must be served on the Director of Public Prosecutions. Harte, aged 41, was sentenced to thirty years imprisonment by the Special Criminal Court in 2022 for the offence committed in Ballinagh, County Cavan in September 2019. His application seeks to challenge the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court verdict is unanimous or by majority decision. Harte's legal team argues this provision breaches constitutional guarantees of equality and the requirement that justice be administered in public. Mr Justice Charles Meenan indicated the application has limited merit but directed that any leave application proceed in the presence of the DPP's legal representatives. The matter has been adjourned to May.
Who, what, where, when and why
What: Report matter: Application by Lunney abductor Harte must be on notice to DPP. Procedural stage: sentence. Findings: Convicted
When:
- September 2019 Hearing Or Sentence
- 2022-03-21 Publication
Why: He also seeks declarations including that the 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
Convicted Person
Finding: Convicted
Outcome: Convicted; Last year Harte (41) was sentenced to 30 years in prison by the SCC for committing serious harm on and falsely imprisoning the QIH director at a yard in Drumbrade, Ballinagh, Co Cavan in September 2019. Represented by Michael O Higgins SC, with Michael Hourigan BL, Harte also seeks various including an order setting aside the conviction and sentence imposed on him by the SCC.; The judge had previously adjourned the matter to allow Harte's legal team produce additional submissions in support of his claim.
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- Career criminal Harte must pay costs of Lunney abduction appeal
- Career Criminal who kidnapped and tortured Kevin Lunney fails in 'moot' appeal over non-jury trial
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