Daily Mirror (Northern Ireland)
LUNNEY ACCUSED: ‘DNA WAS PLANTED ON VAN’
Defendant has filed complaint with the Garda Ombudsman
ONE of four men accused of falsely imprisoning and assaulting Quinn Industrial Holdings director Kevin Lunney has lodged a complaint with the Garda Ombudsman.
The man, who cannot be named for legal reasons, alleges that DNA was “planted” on a van he claims was deliberately destroyed in a fire so it wouldn’t be made available to the defence, the Special Criminal Court heard yesterday.
However, lawyers for the State told the three-judge court that the fire began accidentally.
The non-jury court will rule next month on whether the 12-week trial can go ahead in January as scheduled after lawyers for the four accused yesterday applied to adjourn the case.
The unnamed man and his co-defendants, Luke O’reilly, 66, of Mullahoran Lower, Kilcogy, Co Cavan, Darren Redmond, 25, from Caledon Road, East Wall, Dublin and Alan O’brien, 39, of Shelmalier Road, East Wall, Dublin, are all charged with false imprisonment and assault causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17, 2019.
Mr Lunney, 50, a father of six, was abducted close to his home in Co Fermanagh on the evening in question.
The businessman’s leg was broken, he was doused in bleach and the letters QIH were carved into his chest during the two-and-a-half hour ordeal before he was dumped on a roadside in Co Cavan.
The four defendants were sent forward for trial before the Special Criminal Court last March and January 11, 2021 has been fixed as their trial date.
Defence counsel Michael O’higgins SC, for the unnamed man, told the hearing he was applying to adjourn the trial on four grounds.
The barrister said the first ground concerned “the volume of disclosure” and in his submission there was no reasonable prospect the material would be scrutinised in the available time. Secondly, Mr O’higgins said High Court challenges are being brought by the defendants against the Special Criminal Court’s jurisdiction to try the matter.
He stated the High Court has set a hearing for February 23 and the correct thing to do would be to adjourn the trial pending the outcome of the judicial review matter, adding that there was “no stay” in place.
Mr O’higgins said there was also important DNA evidence found on an abandoned Renault Kangoo van, which went on fire from an electrical fault.
He added that the Garda Ombudsman was carrying out an investigation into the fire and it did not seem unreasonable to wait for the outcome.
The court has heard that a van used in the alleged abduction of Mr Lunney was seized by gardai during the investigation.
However, the Special Criminal Court was previously told the vehicle may have been “accidentally burned” while in the possession of the Garda.
In addition, Mr O’higgins argued that the law on the retention and accessing of mobile phone data was in a “state of flux” in Ireland and one needed to have certainty on these issues before the trial commenced. He submitted that three decisions are awaited from the European Court of
Justice and it was “inconceivable” that the trial should proceed in circumstances where the law was unknown.
In reply, Sean Guerin SC, on behalf of the Director of Public Prosecutions, said he was opposing the application for an adjournment of the trial.
Mr Guerin called the application regarding the issue of the retention of mobile phones an “illusory” one and said the Special Criminal Court should proceed to exercise its jurisdiction to hear the criminal allegation.
The lawyer said the case involved very serious violence to a person and the State had an obligation to ensure the prosecution and vindicate the personal rights of the victim.
Mr Guerin added the Renault Kangoo van, which had come into the possession of gardai, had Mr Lunney’s DNA on it and allegedly that of one of the accused men.
Mr Justice Tony Hunt, presiding, sitting with Judge Sarah Berkeley and Judge Michael Walsh, said there was a “fair bit to think about and weigh up”.
The court will rule on the proposed adjournment of the trial on December 7.
[There’s] a fair bit to think about and weigh up MR JUSTICE TONY HUNT YESTERDAY