Kevin Lunney kidnapper claims Special Criminal Court conviction unconstitutional

Alan Harte, aged 43, is serving a 30-year sentence imposed by the Special Criminal Court for the kidnapping and torture of Quinn Industrial Holdings director Kevin Lunney at a yard in Ballinagh, County Cavan in September 2019. At the Court of Appeal, Harte's legal team argued that his conviction by the non-jury court was unconstitutional on two grounds: whether the Special Criminal Court can deliver a majority verdict, and whether it may withhold disclosure of whether a verdict was unanimous or split. Counsel submitted that transparency regarding verdict unanimity is essential when restricting liberty, and that judges sitting on the Special Criminal Court exercise the same function as jurors. The State's counsel countered that the Special Criminal Court comprises judges rather than a representative cross-section of society, rendering it fundamentally different from a jury trial. The Court of Appeal reserved judgement.