Lunney attack accused in bid for charges to be dismissed
Judges grant hearing over alleged abduction
A MAN accused of kidnapping and attacking businessman Kevin Lunney will apply to the Special Criminal Court later this month to dismiss charges against him, judges have heard.
Alan O’brien, 39, is charged with false imprisonment and assault causing serious harm to the Quinn Industrial Holdings director in Co Cavan last year.
The dad of six was allegedly abducted close to his home in Co Fermanagh on September 17.
The 50-year-old’s leg was broken, he was doused in bleach and the letters QIH were carved into his chest during the alleged two-anda-half hour ordeal before he was left at a roadside in Drumbrade.
Prosecutor Sean Guerin said O’brien’s case was listed yesterday for the purpose of a Section 4E hearing – an application for the dismissal of charges.
However, Mr Guerin said he was making an application to adjourn the hearing. Defence counsel
Alan O’brien, far right
Bernard Condon said his client was “very anxious” for the Section 4E application to be heard and resolved as soon as possible.
Mr Justice Tony Hunt, presiding, sitting with Judge Sarah Berkeley and Judge Dermot Dempsey, fixed the hearing for July 29.
O’brien, from Shelmalier Road, East Wall, north inner city Dublin, was remanded in custody until that date.
The defendant’s co-accused are Luke O’reilly, 66, from Mullahoran Lower, Kilcogy, Co Cavan, Darren Redmond, 25, from Caledon Road,
East Wall, and another man who cannot be named for legal reasons.
They are accused of the same offences. O’reilly’s case was also mentioned yesterday morning.
Defence counsel Carol Doherty BL asked the non-jury court to extend time for her client to serve his alibi notice in circumstances where his barrister Mark Mulholland wished to meet with him.
Mr Guerin said there was no difficulty and O’reilly was given three weeks to serve his alibi notice.
The accused and Redmond were granted High Court bail in April despite garda objections.
Mr Justice Paul Burns said the alleged abduction and assault on Mr Lunney constituted vicious and abhorrent criminal behaviour.
But he added the accused were presumed innocent and there was an entitlement to bail.
Last month, the Special Criminal Court fixed January 11, 2021 as the date for the four defendants’ trial.