Lunney accused in challenge to mobile phone data warrants
Court hears of garda oversight
All along I was aware of the Graham Dwyer judgment
DET SHARON WALSH IN COURT YESTERDAY
INCORRECT information on a warrant seeking mobile phone data was blamed on an “oversight”, the trial of four men accused of kidnapping Kevin Lunney heard yesterday.
Lawyers defending four men accused of falsely imprisoning and causing serious harm to the Quinn Industrial Holdings director are challenging the admissibility of mobile phone evidence that the prosecution has said forms part of its case.
Gardai have told the three-judge, nonjury Special Criminal Court they obtained phone data from various phones using warrants issued from district courts under Section 10 of the Criminal Justice Act.
Detective Garda Sharon Walsh told Michael O’higgins SC, for one of the accused, that following a judgement relating to the conviction of murderer Graham Dwyer, gardai could no longer apply for phone data through Security and Intelligence, which was previously the norm.
Dwyer was convicted in 2015 of the murder of 36-year-old childcare worker Elaine O’hara in August 2012. He has challenged the legality of the collection of mobile phone data that was used in his prosecution. The detective said this
LEGALITY was the first time she used a warrant to obtain phone data records but she couldn’t remember where she first read that the old system could no longer be used.
The witness agreed that part of her statement relating to the Dwyer decision contained “formalised wording” which she said she may have seen on another warrant in the Garda incident room.
Mr O’higgins asked the detective if it was a “coincidence” that the formalised wording appeared in a number of statements made by other gardai.
When asked if the wording was ever discussed Det Walsh said: “I’ve never sat down in a meeting, but all along I was aware of the Graham Dwyer judgment and that the only
option was to apply under section 10 of the Criminal Justice Act.
“Prior to that all applications were made through security and intelligence.”
Sgt Lisa Murray told Michael Bowman SC, for Darren Redmond, that she doesn’t remember if she wrote down the wording prior to making her statement.
Mr Justice Tony Hunt, presiding, asked why the wording was used at all. He said: “Why not just say there was a perceived problem with Graham Dwyer? One line.”
The judge then asked Mr Bowman if “something turns on this”, to which he
replied: “Ultimately, there may be.”
Sgt Murray also told Mr Bowman that one piece of information on the warrant was incorrect but was not corrected because of an “oversight”.
The warrant stated that a number connected to Mr Redmond was from an unregistered mobile phone whereas Sgt Murray was aware that the phone was registered to Mr Redmond.
She agreed that she and other gardai knew the information was incorrect. She said it should have been corrected and she couldn’t say why it wasn’t.
Dubliners Alan O’brien, 40, of Shelmalier Road, and Darren Redmond, 27, from Caledon Road, both in the East Wall, are accused along with 67-year-old Luke O’reilly, of Mullahoran Lower, Kilcogy, Co Cavan, and a 40-year-old man who cannot be named.
They have all pleaded not guilty to false imprisonment and intentionally causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan, in September 2019.
Mr Lunney has told the court he was abducted and cut with a Stanley knife during his ordeal.