Defence barristers had argued that the evidence was gathered unlawfully.
The Special Criminal Court has decided to allow the prosecution to use mobile phone and CCTV evidence in the Kevin Lunney abduction trial.
The defence barristers had argued that the evidence was gathered unlawfully and shouldn’t be allowed due to alleged breaches of privacy rights.
Our Courts Correspondent Frank Greaney reports:
"Kevin Lunney claims a gang of men abducted him from outside his home in 2019.
He claims he was then beaten inside what he believed was a horse box in an effort to get him to resign from his role as director of Quinn Industrial Holdings
Four men have gone on trial accused of falsely imprisoning him and causing him serious harm.
Their lawyers challenged the admissibility of mobile phone evidence claiming the general retention of and access to such records was unlawful and their client’s rights to privacy were breached, as well as the rights of the wider public.
However, the judges of the non-jury court ruled against them and found that it is permissible for the investigation of serious crime.
Aside from two pieces, the court also allowed CCTV evidence to be used by the prosecution. The trial will resume hearing evidence tomorrow."
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