Courts / Cavan / Report
Career Criminal who kidnapped and tortured Kevin Lunney fails in 'moot' appeal over non-jury trial
Summary
A man serving a 30-year sentence for the kidnapping and torture of a Quinn Industrial Holdings director has failed in his Court of Appeal challenge against a refusal to extend time for seeking judicial review of his non-jury trial. Alan Harte was convicted in the Special Criminal Court of falsely imprisoning and causing serious harm to Kevin Lunney at Drumbrade, Ballinagh, County Cavan on 17 September 2019. Harte had sought to challenge the Director of Public Prosecutions' decision to prosecute him before the Special Criminal Court rather than the ordinary courts, arguing the court's continued existence exceeded statutory powers. The High Court dismissed his application on the grounds it was brought outside the three-month time limit. Ms Justice Tara Burns dismissed the appeal today, finding the legal issues raised were "moot" and that no practical benefit would arise from determining them, as Harte's trial had concluded and the Special Criminal Court's validity had been upheld by the Supreme Court.
Who, what, where, when and why
What: Report matter: Career Criminal who kidnapped and tortured Kevin Lunney fails in 'moot' appeal over non-jury trial. 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 Hearing Or Sentence
- 2025-01-20 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 lost his appeal against 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.
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 (Alleged Or Contested)
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
- High Court
- Supreme Court
- Court of Appeal
Topics
Related court reports
- 'Wouldn't be out of place in a Tarantino movie': Lunney kidnappers challenge sentences for 'animalistic' torture and abduction
- Kevin Lunney kidnappers lose conviction appeals
- Kevin Lunney kidnapper claims Special Criminal Court conviction unconstitutional
- State urges court to uphold gang's conviction for kidnap and torture of Kevin Lunney
- Career criminal Harte must pay costs of Lunney abduction appeal
- Kevin Lunney kidnap appeal fails to finish in three days
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request