Man who kidnapped Kevin Lunney challenges constitutionality of court

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.  

At the Court of Appeal today, Michael O’Higgins SC said there were two grounds to the appeal: whether it is possible for the Special Criminal Court to deliver a majority verdict; and whether that court is entitled not to disclose whether the verdict was unanimous or not.  

"If a person is convicted, they should know if it is a unanimous or majority verdict,” said Mr O’Higgins; adding: “When taking someone’s liberty away, it should be done with absolute transparency.”  

Counsel said that a court, when not making rulings, is in effect acting as a juror, so the judges of the Special Criminal Court are engaged in the same exercise as a jury. 

“It’s irrelevant who is doing it, they’re carrying out the same task with the same criteria. If the verdict falls below a level, the trial becomes unacceptable,” said Mr O’Higgins.  

Mr O’Higgins said that while there are procedural differences between the courts, once a jury or judges retire to consider their verdict, they are in the same category.  

On behalf of the State, Remy Farrell SC said that a jury trial involves trial by a reasonable cross-section of society, but the Special Criminal Court comprises judges who are not representative of a cross-section of society, so they are completely different concepts.  

Mr Justice John Edwards, presiding, said the court would reserve judgement in the case.