The High Court has reserved its decision in Alan Harte's challenge to set aside both the conviction and the 30-year prison sentence he received from the Special Criminal Court for his role in the kidnapping and attack on businessman Kevin Lunney.
In his action, Harte challenges the constitutionality of Section 40 of the 1939 Offences Against the State Act which directs, that a person who comes before the three-judge court cannot be told if they have been convicted by a majority decision or a unanimous decision. Following the conclusion of submissions from the parties, the judge reserved her decision, and said she would deliver a judgement later this year.
The court heard that the issues raise were novel and that there was no case law on the specific points being raised. Counsel for Mr Harte said his client was tried for offences before the Special Criminal Court that would normally go before a jury at the Circuit Criminal Court. He said that the standard of proof required to either convict or acquit his client should be mirrored.
The court was told that a majority decision of a three-judge Special Criminal Court should not be considered to have the same weight as even a majority decision of a jury of either 10-2 or 11-1. This scenario was not equitable, counsel submitted, especially in a scenario where a group of people accused of similar offences arising out of the same event are tried before courts with a jury, or before a non-jury court such as the Special Criminal Court.
Counsel also accepted that any remedy or alterations of the allegedly unconstitutional sections would be a matter for the Oireachtas. In reply, Remy Farrell SC for the respondents said that the section subject of the challenge is constitutional and that the challenge should be dismissed, and the conviction and sentence imposed should remain undisturbed.
In 2021, Mr Harte was sentenced to 30 years in prison by the Special Criminal Court for committing serious harm on, and falsely imprisoning, the Quinn Industrial Holdings (QIH) director at a yard in Drumbrade in Ballinagh in September 2019.
