Kevin Lunney, QIH, trial, abduction

Barrister complains that judge is "rubbishing" their arguments

Special Criminal Court

Kevin Lunney, QIH, trial, abduction

Published: Fri 16 Jul 2021, 10:09 AM

A barrister has complained that the presiding judge in the trial of four men accused of abducting businessman Kevin Lunney is "rubbishing" an important part of the defence case and was "dismissive and contemptuous" in his tone.

Michael O'Higgins SC was cross examining fingerprint expert Detective Garda Ernie Frazer about blood marks inside a Renault Kangoo van when Mr Justice Tony Hunt interrupted to ask: "Where is this blood?"

Mr O'Higgins asked the witness to leave and then told the judge that he wanted to "legally complain of the observation made by the court". He said the trial has to be conducted on evidence and that he, having read the book of evidence, is aware of things the judge is not.

Mr Justice Hunt told Mr O'Higgins: "There is no need to shout. Keep the anger level down."

Mr O'Higgins said, "I'm not shouting" and added: "This is an important part of the defence case and you are rubbishing it. Can I suggest that you just sit back and listen to all the evidence rather than make comments in the middle of it to the effect that there is nothing in this?"

Mr Justice Hunt said: "I just want to know where the mark is," to which Mr O'Higgins replied: "Your tone in saying it was, in my submission, completely dismissive and contemptuous of it."

When Mr Justice Hunt said anyone could listen back to the proceedings to hear his tone, Mr O'Higgins replied: "What won't be on that is the expression on your face."

Mr O'Higgins described the judge's question as an "unfair comment on the evidence". The judge finished by saying: "I would like to know what the evidence is, all right, so get the witness back and move on."

A 40-year-old man known as YZ; Alan O’Brien (40), of Shelmalier Road, East Wall, Dublin 3; Darren Redmond (27), from Caledon Road, East Wall, Dublin 3; and Luke O’Reilly (67), with an address at Mullahoran Lower, Kilcogy, Co Cavan have all pleaded not guilty to false imprisonment and intentionally causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17, 2019.

Detective Garda Ursula Cummins told prosecution counsel Sean Guerin SC that on October 29, 2019, she examined a Renault Kangoo van that had been seized in Drogheda by gardaí investigating Mr Lunney's abduction.

She said Dr Edward Connolly of Forensic Science Ireland had examined the Kangoo for blood and directed her to take swabs for DNA testing from specific areas of interest.

Under cross examination, the detective agreed with Mr O'Higgins, for YZ, that she first took swabs on October 29 before Dr Connolly had examined the van and then returned with Dr Connolly two days later. Mr O'Higgins asked her if it was "a surprise" that on her first examination she didn't notice the brown reddish marks that were later pointed out by Dr Connolly.

She said: "Not really, it's pretty grubby on the inside."

Det Gda Frazer told Mr Guerin that on October 29, 2019, he examined the same van for finger marks but found none. He told Mr O'Higgins that he "didn't see anything that looked like blood". It was at this point that Mr Justice Hunt asked: "Where is this blood?" prompting Mr O'Higgins to ask the witness to leave.

The trial continues today (Friday) in front of Mr Justice Hunt, presiding, with Judge Gerard Griffin and Judge David McHugh.