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Career Criminal who kidnapped and tortured Kevin Lunney argues he should have been given more time to taking losing case
Summary
Alan Harte, a career criminal serving a 30-year sentence for the kidnap and torture of Quinn Industrial Holdings director Kevin Lunney, appealed to the Court of Appeal regarding a refusal to grant him more time to seek a review of the State's decision to try him in the non-jury Special Criminal Court. Harte was convicted of falsely imprisoning and causing serious harm to Mr. Lunney at Drumbrade, Ballinagh, Co. Cavan, on 17 September 2019, contrary to the Non-Fatal Offences Against the Person Act 1997. The High Court had previously refused an extension of time for Harte's judicial review application, holding it was brought outside the three-month limit. Harte's counsel, Michael O'Higgins SC, acknowledged that Harte would have lost the case had it proceeded but argued that access to court is a constitutional cornerstone, stating, "You're entitled to go to court and lose your case." Counsel for the State, David Fennelly SC, countered that the issue was moot and that access to courts is not an absolute right. The Court of Appeal, including Ms Justice Tara Burns and Ms Justice Isobel Kennedy, indicated it would first decide on the issue of mootness and reserved judgement, meaning the matter was adjourned.
Who, what, where, when and why
What: Report matter: Career Criminal who kidnapped and tortured Kevin Lunney argues he should have been given more time to taking losing case. Charges or matters: falsely imprisoning and causing serious harm to Mr Lunny at Drumbrade, Ballinagh, Co Cavan on 17 September 2019 contrary to the Non-Fatal Offences Against the Person Act 1997. Procedural stage: appeal. Findings: Convicted
When:
- 17 September 2019 Incident
- November 2019 Incident
- 2024-11-07 Publication
Case subjects
Appellant
Charges: falsely imprisoning and causing serious harm to Mr Lunny at Drumbrade, Ballinagh, Co Cavan on 17 September 2019 contrary to the Non-Fatal Offences Against the Person Act 1997 (Proven)
Finding: Convicted
Outcome: Convicted; Photo: Collins) A career criminal serving a 30-year sentence for the kidnap and torture of Quinn Industrial Holdings director Kevin Lunney has appealed a refusal to grant him more time to seek a review of the State's decision to try him in the non-jury Special Criminal Court, despite acknowledging he would have lost the case had it gone ahead. "You're entitled to go to court and lose your case," Alan Harte's lawyers told the Court of Appeal today.
Applicant
Charges: falsely imprisoning and causing serious harm to Mr Lunny at Drumbrade, Ballinagh, Co Cavan on 17 September 2019 contrary to the Non-Fatal Offences Against the Person Act 1997 (Alleged Or Contested)
Places mentioned
- Special Criminal Court
- Court of Appeal
- High Court
- Supreme Court
Topics
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