Three men who are bidding to overturn their convictions for the kidnapping and torture of Quinn Industrial Holdings director Kevin Lunney have had their cases adjourned for three months, following three days of legal submissions before the Court of Appeal.
Barristers for Alan Harte, 43, Alan O'Brien, 43, and Darren Redmond, 30, have argued that key DNA evidence from a van that was used as a "team bus" by the offenders and was destroyed by fire while in garda custody should not have been admissible at their trial.
The men have also argued that the judges in the Special Criminal Court erred in refusing to adjourn the trial so that the law could be clarified about the admissibility of phone records.
The appellants have further argued that gardaí acquired CCTV footage used in their trial knowing that the evidence obtained was in breach of the law.
They also say that evidence on CCTV footage should not have been allowed, as witnesses who had given the evidence in a voir dire hearing should have been recalled to give their testimony in the trial and take a fresh oath.
The appeal was listed for three days’ hearing before the Court of Appeal, but following lengthy submissions on the third day today, Mr Justice Patrick McCarthy, on behalf of the three-judge court, remarked that the case would not finish as scheduled.
