The case of the three men appealing their conviction for the abduction and torture of Kevin Lunney is adjourned until the new year. In 2021, Alan Harte was sentenced to 30 years in prison; Alan O'Brien 25 years and Darren Redmond 18 years with the last three suspended. They were convicted of false imprisonment and intentionally causing harm to Mr Lunney at a yard in Drumbrade, Baillnagh, Co. Cavan on September 17th 2019. All three are appealing their convictions.
On the first days of the appeal court hearing, barristers for the trio argued the judges in the Special Criminal Court erred in refusing to adjourn the trial so that the law could be clarified about the admissibility of phone records. The appellants have further argued that gardaí acquired CCTV used as evidence against them in their trial knowing that the evidence obtained was in breach of the law. They also argue that phone records used in their trial was inadmissible.
On day two of the appeal hearing on Tuesday, defence barristers argued that DNA evidence found in a van used as a “team bus” by the offenders and was destroyed by a fire while in garda custody should not have been admissible in their trial either. A barrister told the second day of the three-judge appeal hearing that the State 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 as to whether the vehicle was locked or not while in the guards care. Following lengthy submissions on what was to be the third and final day of the hearing yesterday, Mr Justice Patrick McCarthy remarked the case would not finish as scheduled and adjourned proceedings.
