The actions of three men convicted of abducting and causing serious harm to businessman Kevin Lunney merit “headline” sentences, before any mitigation is factored in, of between 15 years and life imprisonment, the Special Criminal Court has been told.
Lawyers for the three submitted the headline sentences should be lower and reflect the court’s findings in relation to the roles played by the three.
The three are YZ; Alan O’Brien (40), of Shelmalier Road, East Wall, Dublin 3 and Darren Redmond (27), from Caledon Road, East Wall.
All were found guilty last week of falsely imprisoning and intentionally causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17th, 2019. The court found YZ was responsible for inflicted most of Mr Lunney’s serious injuries and O’Brien and Redmond were also involved in the kidnapping and assault.
A fourth accused, Luke O'Reilly, of Kilcogy, Co Cavan, whom the prosecution contended had provided a bottle of bleach used by Lunney's attackers to destroy forensic evidence, was acquitted. The court said, even if it accepted Mr O'Reilly had supplied the bleach, it was reasonably possible he did so without knowledge of what was happening to Mr Lunney.
On Monday, the three judge non-jury court heard a victim impact statement by Mr Lunney and sentencing submissions before reserving its decision on sentence to December 20th.
In his statement, businessman Kevin Lunney said the “physical scars and mental trauma” of his abduction and assault “will remain with me and my family for the rest of our lives”.
His family “have been my rock and my refuge and that’s why the anguish that they have had to endure is of greater torment to me than the physical pain of the attack.”
Terror
Some two years on, he was “just thankful that we have found a way to put the immediate terror of that evening out of our focus and get on with our daily routines”.
In his victim impact statement, read by Garda Linda Harkin, as family liaison officer, Mr Lunney said he remains conscious “that events like this can never be erased and that we will need to find continuing strength and solace in the support and comfort of many good people in the times ahead”.
Mr Lunney referred to the “personal toll” on his work colleagues and employees and thanked them for the courage and fortitude. The campaign of intimidation against the business and his colleagues that culminated in his abduction was “intensely difficult for those directly targeted and a cause of much apprehension and fear in the wider community”.
Conversely, one of the “most affirming and humbling” experiences of his life was the “raw emotion and solidarity” that came from a march by co-workers, friends and wider community immediately after his abduction. He would be “forever grateful for that and “continuing well wishes and prayers of many, many friends and strangers.”
It had been a “long and difficult journey” in the trial and he had the “utmost respect” for the court and everyone involved for their efforts to ensure the rule of law is upheld. Although thankful for the hearing as “a major and important milestone”, he was “also mindful that the journey to full accountability is not yet complete.”
Saddened
He did not know those convicted of the attack, why they “decided to do what they did” or whether their absence of any personal agenda “diminishes or aggravates what they have done”.
“I am, however, saddened at a human level that they have ruined their own lives by their actions, and I sympathise with their families in the anguish they are enduring today. Neither can I fathom the intent or reasoning that encouraged and enticed them to commit this crime. I trust those involved now realise that there will never be a place in our community for violent or any other form of intimidation”.
He thanked “the man who found me on the roadside and the others who stopped and attended, who in doing so saved my life”; the doctors and nurses “who nursed me back to health”, the court, DPP and gardaí and PSNI for the “painstaking” police work on the case.
At Monday’s sentencing hearing, the court was told by Det Supt James O’Leary YZ has no appreciable employment history and 180 previous convictions, the most serious for impeding the apprehension and prosecution of another man on a serious charge. Some 60 offences were road traffic matters.
The court heard Mr O’Brien has three children, no appreciable employment history and some 40 previous convictions, mainly for minor offences but one for the robbery of an elderly man in Co Cavan and another for assault.
Mr Redmond, the court heard, lives with his parents and two siblings in East Wall. He has some employment history and two previous minor convictions, neither involving a custodial term. He recently found his brother dead in bed at home after suffering a heart attack.
Headline sentences
Seán Guerin SC, for the DPP, argued the offences against Mr Lunney were such they merited a headline sentence, before any mitigation is considered, of between 15 years and life imprisonment.
Michael O’Higgins SC, for YZ, said his client had a very difficult childhood, his parents were chronic alcoholics, his mother had psychiatric difficulties and there was violence in the home. He had been abused by a family member, which had a “devastating” impact, he got involved in minor crime and was sent to an industrial school aged 14 where he was also abused. After leaving there, he got involved in more serious crime and began using drugs. While this history did not excuse his offences, they made them “more explicable”.
Mr O’Higgins outlined the history of QIH and the loss of control by Sean Quinn and his family over its companies. Det Sup O’Leary agreed some people took sides over that loss of control and the Lunney attack appeared to be of “a different order” because it seemed to be about removing people working with QIH to have them replaced for others.
The witness agreed any benefit from this would not have benefitted YZ but that others, at what counsel described as the “top of the pyramid”, would have benefitted had the Lunney attack succeeded. It was fair to say there were those who provided the “muscle” and did the dirty work and that included YZ, counsel said.
Mr Lunney’s victim impact statement was “very powerful and full of humanity” and YZ’s sentence “should also reflect humanity”, counsel said.
Giollaiosa O Lideadha SC, for Mr O’Brien, said the offences were very serious but case law showed they did not reach the levels of barbarity in other cases which resulted in lesser sentences.
He said Mr O’Brien started committing offences aged 14 and got his first sentence at age 16 in St Patrick’s Institution. Mr O’Brien had drug addiction issues, his offences were mainly minor and linked to trying to get money for drugs. He managed to cease drug use for some years but after his mother died in 2012 returned to small time theft to get money for drugs.
Michael Bowman SC, for Mr Redmond, said his client grew up in Dublin’s north inner city, had pursued the Leaving Certificate and various courses and has a history of temporary casual employment. Only he and his sister have literacy skills and he had taken on responsibility for his ill mother’s personal care. He has a young daughter who spends some nights with him, had suffered several close family bereavements including his brother, is “not a man without hope or promise” and was never in prison before. His two previous convictions were low level and the court should consider a sentence of minimum period reflecting rehabilitative possibilities.
Mr Justice Tony Hunt, presiding, said the court would give its sentence decision on December 20th.
Ruling on an application by the prosecution for an order permitting YZ to be identified, which was opposed by Mr O’Higgins, the judge said YZ, subject to further submissions concerning unrelated matters before other courts, could be identified from December 13th.
