Alan Harte loses High Court bid to quash conviction over Kevin Lunney attack
In 2019 businessman Kevin Lunney was kidnapped and assaulted at a yard in Drumbrade, Ballinagh, Co Cavan. Alan Harte, 42, was tried at the Special Criminal Court with three co-accused and in December 2021 was convicted of serious harm and false imprisonment and sentenced to 30 years in prison, while co-accused Alan O'Brien and Darren Redmond were jailed for 25 and 18 years. Harte challenged the constitutionality of the two-thirds majority verdict rule and the lack of a jury-style trial. On 2 October 2023 Ms Justice Bolger dismissed his High Court judicial review, ruling that a person tried in the Special Criminal Court has no right to a mirror image of a jury trial.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court2 Oct
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Lunney was doused in bleach, had his shin bone shattered with a wooden bat, and was punched, kicked and cut with a Stanley knife.
- Where
- The kidnapping took place at a yard in Drumbrade, Ballinagh, Co Cavan.
- When
- The offences against Lunney were committed in 2019.
- Weapon
- Harte held a Stanley knife to Lunney's face.
- Other details
- Harte is described as having had a ringleader role in the kidnapping of Lunney.
- In court
- Harte was tried alongside three other accused persons at the three-judge Special Criminal Court.
- Harte challenged the constitutionality of a section of the Offences Against the State Act that permits a two-thirds majority verdict and does not tell the accused whether the verdict was unanimous.
- Harte claimed he was entitled to the same trial as an accused would receive in a jury court, and that without it his treatment was unfair and unlawful.
- On 2 October 2023 Ms Justice Bolger dismissed Harte's judicial review challenge to his conviction and sentence.
- Charges
- Harte was convicted of committing serious harm to and falsely imprisoning Lunney.
- Sentence
- Harte was sentenced to 30 years in prison in December 2021.
- Co-accused Alan O'Brien and Darren Redmond were jailed for 25 and 18 years respectively.
12 statements extracted from the articles
- whatAlan Harte lost a High Court bid to set aside his conviction and 30-year prison sentence for his role in the kidnapping and attack on Kevin Lunney. (irishtimes.com)
- whatLunney was doused in bleach, had his shin bone shattered with a wooden bat, and was punched, kicked and cut with a Stanley knife. (irishtimes.com)
- whereThe kidnapping took place at a yard in Drumbrade, Ballinagh, Co Cavan. (irishtimes.com)
- whenThe offences against Kevin Lunney were committed in 2019. (irishtimes.com)
- weaponHarte held a Stanley knife to Lunney's face. (irishtimes.com)
- courtHarte was tried and sentenced at the Special Criminal Court in December 2021. (irishtimes.com)
- courtHarte challenged the constitutionality of a section of the Offences Against the State Act that permits a two-thirds majority verdict at the non-jury court. (irishtimes.com)
- courtHarte had a ringleader role in the kidnapping of Lunney. (irishtimes.com)
- courtHarte was tried alongside three other accused persons at the Special Criminal Court. (irishtimes.com)
- courtMs Justice Bolger ruled that a person tried in the Special Criminal Court has no right to a mirror image of a jury trial. (irishtimes.com)
- courtMs Justice Bolger dismissed Harte's judicial review challenge. (irishtimes.com)
- sentenceCo-accused Alan O'Brien and Darren Redmond were jailed for 25 and 18 years respectively. (irishtimes.com)
The reporting
newest first- 2 Oct2023Alan Harte loses bid to quash conviction and sentence for role in Kevin Lunney attack
Reports the High Court ruling dismissing Harte's judicial review of his Special Criminal Court conviction and sentence. Gives the sentences of two co-accused and the details of the 2019 attack.
victim, Kevin Lunney, male, irish (judged from name)Kevin Lunneyconvicted, Alan Harte, 42, male, named, irish (judged from name)Alan Harteconvicted, Alan O'Brien, named, irish (judged from name)Alan O'Brienconvicted, Darren Redmond, named, irish (judged from name)Darren Redmond