Courts / Cavan / Report
Lunney abductor Harte claims conviction and 30-year sentence should be set aside
Summary
The High Court has reserved its decision on a constitutional challenge brought by Alan Harte, who seeks to overturn his conviction and 30-year sentence imposed by the Special Criminal Court in 2021. Harte was sentenced for the serious harm and false imprisonment of Quinn Industrial Holdings director Kevin Lunney at a yard in Drumbrade, Ballinagh, County Cavan in September 2019. His legal team contests the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court conviction was unanimous or by majority decision. Counsel argued that the non-jury court's 2-1 majority threshold is inequitable compared to jury trials requiring ten-to-two verdicts and creates discrimination between accused persons tried in different court systems. The State respondents opposed the application, maintaining the legislation is constitutional. Justice Marguerite Bolger heard submissions on Thursday and will deliver judgment at a later date.
Who, what, where, when and why
What: Report matter: Lunney abductor Harte claims conviction and 30-year sentence should be set aside. Procedural stage: sentence. Findings: Convicted
When:
- September 2019 Hearing Or Sentence
- 2023-03-16 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
Applicant
Finding: Convicted
Outcome: Convicted; In 2021 Harte (42) 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 instructed by solicitor John Quinn, Harte seeks various reliefs including an order setting aside the conviction and sentence imposed on him by the SCC.
Applicant
Finding: Convicted
Outcome: Convicted; Kevin Lunney, aimed at setting aside both his conviction and 30-year prison sentence.
Applicant
Finding: Convicted
Outcome: Convicted; Quinn Industrial Holdings director Kevin Lunney, aimed at setting aside both his conviction and 30-year prison sentence. In 2021 Harte (42) 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.
Places mentioned
- The High Court
- Special Criminal Court
- Circuit Criminal Court
Topics
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- Career criminal Harte must pay costs of Lunney abduction appeal
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