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One of the four men accused of falsely imprisoning and assaulting Quinn Industrial Holdings (QIH) director Kevin Lunney has complained to the Garda Ombudsman that DNA was “placed” in a van that he claims , was deliberately destroyed in a fire so that it could be made available to the defense, the Specialized Criminal Court reported today.
However, attorneys for the state told the three-judge court that the fire started accidentally.
The non-jury court will rule next month on whether the 12-week trial can continue in January as scheduled after lawyers for the four defendants today asked to postpone the case.
Luke O’Reilly (66), domiciled in Mullahoran Lower, Kilcogy, Co Cavan; Darren Redmond (25), of Caledon Road, East Wall, Dublin 3; Alan O’Brien (39), of Shelmalier Road, East Wall, Dublin 3 and the fourth defendant, who cannot be identified for legal reasons, are charged with false imprisonment and assault that caused serious harm to Lunney in Drumbrade, Ballinagh , Co Cavan on September 17, 2019.
The businessman’s leg was broken, he was soaked in bleach and the letters QIH were etched on his chest for the two and a half hours of the ordeal before he was dumped on the roadside in Co Cavan.
The four defendants were sent to trial before the Special Criminal Court last March and the juryless court has set January 11, 2021 as the trial date. It is expected to last 12 weeks.
Defense attorney Michael O’Higgins SC, on behalf of the anonymous man, told the three-judge court today that he was requesting to postpone the trial in January for four reasons.
Counsel said the first ground concerned “volume of disclosure” and, in his submission, there was no reasonable prospect that the material would be examined in the time available.
“My client said that he wants to see the material himself and review it and that it is not an unreasonable request,” he added.
Second, O’Higgins said the defendants are also filing challenges in Superior Court against the jurisdiction of the Special Criminal Court to try the matter.
The Superior Court has set a hearing for February 23 and the correct thing was to postpone the trial pending the outcome of the judicial review matter, he said, adding that there was no “suspension.”
Additionally, O’Higgins said important DNA evidence was also found on an abandoned Renault Kangoo pickup, which caught fire from an electrical failure.
He claimed that GSOC was conducting an investigation into the fire and it did not seem unreasonable to expect the outcome.
The three-judge court has heard that a pickup truck used in Lunney’s alleged abduction was seized by Gardaí during the investigation.
However, the Special Criminal Court was previously informed that the vehicle may have been “accidentally burned” while in possession of the gardaí.
Furthermore, O’Higgins argued that the law on the retention and access of mobile phone data was in a “state of flux” in Ireland and certainty was necessary on these issues before the trial began.
He affirmed that three decisions are expected from the Court of Justice of the European Communities (ECJ) and that it was “inconceivable” that the trial would take place in circumstances in which the law was unknown.
The lawyer said that it would be necessary for the Supreme Court to draft a judgment once the Court of Justice has responded to the reference and outlines where it “fits” in Irish law, something the higher court is currently not in a position to do.
Michael Bowman SC, of Redmond, said he took O’Higgins’s position on mobile phone data and also wanted to understand what happened to the Kangoo van in the fire.
“The truck is gone, the cause of the fire may be something that requires more investigation,” he added.
In response, Sean Guerin SC, on behalf of the Director of the Public Prosecution Service (DPP), said that he opposed the request for a postponement of the trial.
Guerin described the request regarding the issue of the retention of mobile phones as “illusory” and said that the Special Criminal Court should proceed to exercise its jurisdiction to hear the criminal charge.
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The lawyer said that the case involved very serious violence against a person and the State had an obligation to ensure the prosecution and vindicate the personal rights of the victim.
“That requires a test as soon as possible,” he added.
Guerin said the Renault Kangoo van, which had passed into the hands of Gardaí, had Lunney’s DNA and allegedly that of one of the defendants.
Guerin said the fourth defendant, who cannot be identified for legal reasons, had filed a complaint with the GSOC that DNA evidence was “placed” on the vehicle, before it was destroyed so that it was not available for defense.
CCTV footage was available, which had been released to the defense, and showed a “bank of outlets” overloaded with phone chargers inside the van, Guerin said.
He explained that you could see that the electrical cables were starting to spark, a fire was taking over and destroying the facilities in the images.
The lawyer said the vehicle was not available because it was destroyed by a fire, which had started accidentally.
Presiding Judge Tony Hunt, sitting with Judge Sarah Berkeley and Judge Michael Walsh, said there was “something fair to think about and weigh”. The three-judge tribunal will rule on the proposed adjournment of the trial on December 7.
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