Judge lifts anonymity order to allow Lunney gang ringleader to be named 

Judge dismisses application by lawyers of Alan Harte, who was last month sentenced to 30 years for the assault and false imprisonment of the Quinn Holdings director
Judge lifts anonymity order to allow Lunney gang ringleader to be named 

Alan Harte who last month was sentenced to 30 years in prison by the non-jury Special Criminal Court (SCC) for committing serious harm on and falsely imprisoning Kevin Lunney. PIC: Collins Courts

An order preserving the anonymity of one of the men convicted of kidnapping and inflicting serious injuries on businessman Kevin Lunney has been lifted by the High Court.

The man is Alan Harte, who last month was sentenced to 30 years in prison by the non-jury Special Criminal Court (SCC) for committing serious harm on and falsely imprisoning the Quinn Industrial Holdings director in 2019.

The order was lifted by Mr Justice Charles Meenan, who dismissed an application by Harte's lawyers to further extend his anonymity.

The DPP had argued that Harte be named.

Referencing 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.

Legal safeguards

Mr Justice Meenan also said legal safeguards remain available to Harte regarding any prejudice he claims he will suffer due to any publicity arising from his trial and conviction by the SCC.

During his trial, Harte was referred to as 'YZ'. When handing down the sentence, Mr Justice Tony Hunt at the SCC described him as the "ringleader" and the person who had inflicted most of the injuries on Mr Lunney.

The anonymity order, which had initially been granted by the SCC, had been extended by the High Court in December.

Kevin Lunney.
Kevin Lunney.

The order had been put in place when Harte, aged 40 with an 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.

Temporary order

However, the order was continued, on a temporary basis after his conviction by the Special Criminal Court.

This was done to protect the man's rights to a fair trial because 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.

Harte launched High Court judicial review proceedings against the DPP and the Special Criminal Court seeking orders, including a temporary order extending his anonymity.

On Tuesday, at the High Court, his 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.

Extension sought

He 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, 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 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.

'Spurious' arrangement

What was a "spurious", "unfounded", and "artificial arrangement" should now be removed, counsel submitted.

Counsel said 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 that it was part of the criminal process that those convicted of offences be named, bar in certain exceptional circumstances.

The search outside Ballinagh in Co. Cavan for evidence in relation to the abduction and assault of Kevin Lunney. Picture: Lorraine Teevan
The search outside Ballinagh in Co. Cavan for evidence in relation to the abduction and assault of Kevin Lunney. Picture: Lorraine Teevan

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 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 was convicted along with two other men of false imprisonment and intentionally causing harm to Mr Lunney at a yard at Drumbrade, Ballinagh, Co Cavan on September 17, 2019.

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.

More in this section

IE_logo_newsletters

Select your favourite newsletters and get the best of Irish Examiner delivered to your inbox

LOTTO RESULTS

Saturday, May 21, 2022

  • 20
  • 26
  • 29
  • 41
  • 42
  • 45
  • 1

Full Lotto draw results »