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Kevin Lunney kidnapper claims Special Criminal Court conviction unconstitutional
Summary
Alan Harte, aged 43, is serving a 30-year sentence imposed by the Special Criminal Court for the kidnapping and torture of Quinn Industrial Holdings director Kevin Lunney at a yard in Ballinagh, County Cavan in September 2019. At the Court of Appeal, Harte's legal team argued that his conviction by the non-jury court was unconstitutional on two grounds: whether the Special Criminal Court can deliver a majority verdict, and whether it may withhold disclosure of whether a verdict was unanimous or split. Counsel submitted that transparency regarding verdict unanimity is essential when restricting liberty, and that judges sitting on the Special Criminal Court exercise the same function as jurors. The State's counsel countered that the Special Criminal Court comprises judges rather than a representative cross-section of society, rendering it fundamentally different from a jury trial. The Court of Appeal reserved judgement.
Who, what, where, when and why
What: Report matter: Kevin Lunney kidnapper claims Special Criminal Court conviction unconstitutional. Procedural stage: appeal
When:
- September 2019 Hearing Or Sentence
- 2025-07-28 Publication
Case subjects
Convicted Person
Outcome: Alan Harte (43) is serving a 30-year sentence for the kidnap and torture of businessman Kevin Lunney (Photo: Collins) by Ryan Dunne One of the men jailed for the kidnapping and torture of Quinn Industrial Holdings director Kevin Lunney has argued against the constitutionality of his conviction by the Special Criminal Court. Alan Harte (43) was sentenced to 30 years in prison by the non-jury, three judge Special Criminal Court for committing serious harm and falsely imprisoning the Quinn Industrial Holdings (QIH) director at a yard in Drumbrade, Ballinagh, Co Cavan in September 2019.
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