The three men convicted of the kidnap and torture of Kevin Lunney argue DNA evidence in their original trial should not have been admissible. Alan Harte and Alan O’Brien, who are both in their 40s, and 30-year-old Darren Redmond are appealing their lengthy convictions. At their trial in the Special Criminal Court in 2022, the three were convicted of false imprisonment and intentionally causing harm to Mr Lunney at a yard at Drumbrade, Ballinagh, Co Cavan, on September 17th, 2019.
Lawyers for the three men argued that DNA evidence from a van that was used as a “team bus” by the offenders and was destroyed by fire while in Garda custody should not have been admissible at their trial. The legal team also submit that gardaí did not properly preserve the Renault Kangoo van before it caught fire while in their possession. The trial was told Kevin Lunney's blood was swabbed from areas of suspected blood stain inside the van. DNA matching one of the accused men, Redmond, was found on a bar behind the front seats.
The trial heard that DNA matching Mr Lunney’s was swabbed from areas of suspected blood staining inside the Kangoo van used in the kidnap ordeal. And while the prosecution did not allege Mr Lunney was in the van but highlighted that someone who had been in contact with Mr Lunney transferred the blood to the van. A barrister told the second day of the three-judge appeal hearing that the State had failed to preserve the vehicle properly while in Garda custody as it was not stored in a secure location, there was no CCTV covering the facility, and various evidence was given in relation to whether the vehicle was locked or not while it was in the Guards' care. Gareth Baker, for the Director of Public Prosecutions, said there had been nothing in the evidence adduced to act as “some sort of bar to admissibility”. We say there is nothing there to constitute a sufficient concern to legitimately deem the evidence inadmissible,” the barrister added. The appeal continues before the court.
