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Lunney trial hears challenges to admissibility of mobile phone evidence

Jun 9, 2021 08:06 By Shannonside News
Lunney trial hears challenges to admissibility of mobile phone evidence
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The trial of the four men accused of the abduction and assault of Kevin Lunney began last week and is expected to continue for several weeks

The trial of four men accused of the false imprisonment and assault of local businessman Kevin Lunney continues before the Special Criminal Court.

Lawyers defending the men are challenging the admissibility of mobile phone evidence that the prosecution has said forms part of its case.

Gardaí have told the three-judge, non-jury Court that they obtained phone data from various phones using warrants issued from district courts.

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Detective Garda Sharon Walsh told the Court that following a judgement relating to the conviction of murderer Graham Dwyer, Gardaí could no longer apply for phone data through a route which was previously the norm.

He was convicted in 2015 of the murder of Elaine O'Hara and has challenged the legality of the collection of mobile phone data that was used in his prosecution.

The detective said this was the first time she used a warrant to obtain phone data records but she couldn't remember where she first read that the old system could no longer be used.

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The witness agreed that part of her statement relating to the Graham Dwyer decision contained "formalised wording" which she said she may have seen on another warrant in the Garda incident room.

Defence Counsel for one of the accused asked the detective if it was a "coincidence" that the formalised wording appeared in a number of statements made by other Gardaí.

Det Walsh said she saw the wording in a document in the garda incident room and when asked if the wording was ever discussed she said: "I've never sat down in a meeting but all along I was aware of the Graham Dwyer judgement".

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Sgt Lisa Murray also told the Court that one piece of information on the warrant was incorrect but was not corrected because of an "oversight".

The warrant stated that a number connected to Mr Redmond was from an unregistered mobile phone whereas Sgt Murray was aware that the phone was registered to Mr Redmond.

She agreed that she and other gardaí knew the information was incorrect. She said it should have been corrected and she couldn't say why it wasn't.

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The trial is continuing.

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