Alan Harte, the career criminal who kidnapped, tortured and used a Stanley knife to cut Quinn Industrial Holdings director Kevin Lunney, can be identified after the High Court lifted an order gagging the media from naming him.
Harte (41) inflicted most of Mr Lunney's serious injuries, including knife wounds to his face and torso, after he was abducted from his home in Co Fermanagh on September 17, 2019. However, he had his identity anonymised because he had been due to face murder charges in a separate court when proceedings began.
Although that Central Criminal Court case ended before the Lunney trial began in the Special Criminal Court, Harte’s lawyers successfully argued that the naming ban should remain because their client was also facing trials at several different circuit criminal courts.
On December 20 last, the Lunney trial concluded when Mr Justice Tony Hunt sentenced Harte to 30 years imprisonment for Mr Lunney’s torture and false imprisonment. He had pleaded not guilty to false imprisonment and intentionally causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019.
The order banning his identification was lifted on Tuesday afternoon by Mr Justice Charles Meenan, who dismissed an application by Harte's lawyers to further extend his anonymity.
The Director of Public Prosecutions had argued that there was no reason not to name Harte.
Citing Article 34 of the Irish Constitution, which states that justice must be administered in public, the judge said he could see "no basis" for continuing the order.
The judge also said that legal safeguards remain available to Mr Harte regarding any prejudice he claims he will suffer due to any publicity arising from his trial and conviction by the Special Criminal Court.
During his trial, Harte was referred to as 'YZ'. When handing down sentence, Mr Justice Tony Hunt at the SCC described Harte as the "ringleader" and the person who had inflicted most of the injuries on Mr Lunney.
Two other men involved in the businessman's kidnapping and assault - Alan O'Brien and Darren Redmond - were also given lengthy prison sentences by the SCC.
The anonymity order, which had initially been granted by the SCC, had been extended by the High Court in December.
The order had been put in place when Harte, with a last address at Island Quay Apartments East Wall, Dublin 3, was first before the courts in connection with the offences. It was granted because he had been due to go on trial before the Central Criminal Court in relation to an unrelated charge of murder.
That trial collapsed and the charge against Harte was dismissed after the DPP entered a 'nolle prosequi' in the case.
However, the order was continued on a temporary basis after his conviction by the SCC.
This was done to protect Harte's rights to a fair trial as he has other unrelated criminal matters pending before the criminal courts.
Following his conviction, Harte's lawyers claimed that his naming by the media in reports could prejudice his rights to a fair trial before a judge and jury.
Arising out of those concerns, Harte launched High Court judicial review proceedings against the DPP and the Special Criminal seeking orders including a temporary order extending his anonymity.
The High Court made an order continuing the order until today's sitting of the High Court.
On Tuesday, Harte's lawyers had asked the court to continue the order, arguing that there was a possibility that some of the criminal matters may be heard within the six-month period. They sought an extension until February, when one of the cases against him was due to be mentioned before the courts.
Michael Hourigan BL, for Harte, said that there was a prospect that some of the criminal matters could be heard within the next six months.
It was argued that a fade factor of about six months between the time a person is sentenced, to when they go before a judge and jury in other courts, was required.
The application to further continue the order however was opposed by the DPP, represented by Sean Guerin SC.
Counsel said that there was little or no chance of the pending matters being heard within the next six months.
There was therefore no reason why the man should not now be named counsel said.
What was a "spurious" "unfounded" and "artificial arrangement" should now be removed, counsel submitted.
Counsel said that the continuation of the order was being sought as part of an attempt by Harte to continue to prevent his name from being published for quite some time.
In reply, Mr Hourigan said his side "rejected out of hand" that contention.
In his ruling lifting the order, Mr Justice Meenan said it was part of the criminal process that those convicted of offences be named, bar in certain exceptional circumstances.
Mr Harte's case did not come under one of those exceptions and the judge said that there was no reason to continue the order.
He said that Mr Harte could make what any application he needs to the courts to have safeguards put in place to prevent him suffering any prejudice in any forthcoming trial.
Following trials before the non-jury Special Criminal Court last year, Harte's co-accused Alan O’Brien (40), of Shelmalier Road, East Wall, Dublin 3, and Darren Redmond (27), from Caledon Road, East Wall, were jailed for 25 and 18 years respectively with the last three years of Redmond’s sentence suspended on conditions.
The trial heard that Mr Lunney, was abducted when driving to his home. He was dragged from his vehicle by two men before Harte approached, held a Stanley knife to Mr Lunney's face and told him to get into the boot of a car.
Harte drove with his two accomplices, taking Mr Lunney to the remote farmyard where they stripped him to his boxer shorts, doused him in bleach, shattered his shin bone with two blows of a wooden bat, punched and kicked him, sliced his face with a Stanley knife and carved the letters QIH into his chest.
The men told Mr Lunney to resign from his position with QIH and to end legal proceedings he was involved with in Belfast and Dublin.
Delivering the SCC's verdict, Mr Justice Hunt said that Harte was "heavily involved in these crimes before, during and after the commission thereof".
The SCC was satisfied that Harte was the driver of the car used to take Mr Lunney to the yard and that he was "responsible for inflicting most of Mr Lunney's serious injuries".
