The High Court has granted bail to two men charged with the alleged assault and false imprisonment of Quinn Industrial Holdings (QIH) Director Kevin Lunney, despite Garda objections.
Luke O’Reilly (66), from Mullahoran Lower, Kilcogy, Co Cavan and Darren Redmond (25), from Caledon Road, East Wall, Dublin 3 are charged with false imprisonment and assault causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17th, 2019.
The two men were served with books of evidence at the Special Criminal Court on March 26 last and it is expected that their trial could potentially begin in January 2021.
Mr Lunney (50), a father of six, was abducted close to his home in Co Fermanagh on the evening of September 17th as part of the ongoing campaign of violence and threats against executives at QIH.
The businessman’s leg was broken, he was doused in bleach and the letters QIH were carved into his chest during a two-and-a-half hour ordeal before he was dumped on a roadside in Co Cavan.
Mr O’Reilly and Mr Redmond appeared on Tuesday morning via video-link from Portlaoise Prison for the hearing and could each be seen wearing a face mask.
Ruling on the application, Mr Justice Paul Burns said the abduction and assault of Mr Lunney constituted vicious, cruel and abhorrent criminal behaviour. “There is no doubt that the charges arising out of same must be viewed as extremely serious,” he said.
The judge said that taking all the evidence and submissions together, the prosecution had fallen just short of meeting the standard of proof required.
The judge granted bail for both men but stressed that it was subject to stringent conditions.
He explained that this was a second application by the men for bail in the High Court based on a change in their circumstances. A charge of assault causing harm had been substituted by assault causing serious harm, he said, and they had both been recently returned for trial to the Special Criminal Court.
‘Flight risks’
Mr O’Reilly and Mr Redmond were refused bail at Virginia District Court last year and sought to have that decision overturned by bringing an application to the High Court in Cloverhill on December 19th. However, Mr Justice Robert Eagar refused to grant bail.
The State had objected to bail on two grounds, arguing that if granted bail the accused men would interfere with the administration of justice and that they were also “flight risks”.
Aoife O’Leary BL, for the Director of Public Prosecutions (DPP), said there was a strong circumstantial case to be made against both men and there were no conditions upon which bail could be granted that would allay concerns. “These offences were intimidatory in nature and there is very strong evidence connecting these individuals to these offences,” she added.
In reply, Michael Bowman SC for Mr Redmond and Mark Mulholland QC for Mr O’Reilly said that there was no evidential basis to justify their clients being refused bail.
Mr Justice Burns went on to read the bail conditions to the court, which heard that Mr O’Reilly must enter his own bond of €75,000 with a cash deposit of €10,000 and not attempt to dissipate or lessen the value of his interest in real property owned by him. The judge said he also required two independent sureties in the sum of €10,000 each.
He also confirmed that Mr O’Reilly must surrender his passport and not apply for any duplicate passport or travel documents. He must also reside at an alternative address in Co Westmeath, sign on at Athlone Garda station twice daily, obey a daily curfew of 8am to 8pm, provide a mobile phone number to gardaí and keep it charged at all times and not come within a 10km radius of Mr Lunney’s home or place of business. Furthermore, he must not have any contact with Mr Lunney or any prosecution witnesses in the case and not leave the jurisdiction or travel to Northern Ireland.
The judge also granted bail to Mr Redmond on his own bond of €3,000 and two independent sureties of €10,000 each. The conditions of his release are the same as Mr O’Reilly’s except that he must reside at his address in East Wall in Dublin 3 and sign on at Store Street Garda station twice daily. The condition regarding the dissipation of assets does not apply to Mr Redmond.
In addition, Mr Justice Burns emphasised that there was to be no contact between any of the accused men and if for some reason that it was necessary for them to be in contact with each other then they must contact gardaí.
Two other men are facing trial alongside Mr O’Reilly and Mr Redmond. Alan O’Brien (39), of Shelmalier Road, East Wall, Dublin 3 and a fourth man who cannot be named for legal reasons are both also charged with false imprisonment and assault causing serious harm to Mr Lunney on the same occasion.
Mr O’Reilly and Mr Redmond were granted bail until their trial, which is expected to last between eight and 12 weeks.