The High Court has extended an order preserving the anonymity of the man known as YZ convicted over his role in the kidnapping and seriously assault commited on businessman Kevin Lunney.
In a ruling on Friday Mr Justice Charles Meenan agreed to extend the anonymity order until January 18th next.
The order was due to expire earlier this week, but the man’s lawyers successfully applied to the Special Criminal Court for an extension for a week to allow them seeking a High Court order allowing him to remain anonymous.
The High Court’s decision means the man cannot be identified by the media when he returns before the Special Criminal Court on Monday when he and two others are due to be sentenced for the crimes they committed against Mr Lunney who is a director of Quinn Industrial Holdings (QIH).
The application to extend the order was brought to protect the man’s rights to a fair trial.
He has other unrelated criminal matters pending before the Criminal Courts.
He claims that his naming by the media in reports which are likely to receive widespread coverage, could prejudice his rights to a fair trial before a judge and jury, it is claimed.
As a result of his concerns about getting a fair trial the man launched High Court judicial review proceedings against the DPP and the Special Criminal where he seeks orders including a temporary order extending his anonymity.
Michael O’Higgins SC for the man said that it is their case that the man’s anonymity should be preserved until a date in mid-January at least, when it should be known when the trials of other pending matters are likely to be heard.
Counsel said that there were concerns that the likely extensive media coverage his client is likely to get if he were to be named on Monday could “influence” members of a jury hearing unrelated and separate allegations against him.
Counsel said that based on decisions made in other cases a fade factor of about six months, between the time of his client is sentenced when he is to go before a judge and jury i the other courts, was required.
The application was opposed by lawyers for the DPP.
Sean Guerin SC for the DPP said that the anonymity order should be lifted.
The order had been granted at a time when the man was facing trial before the Central Criminal Court.
That prosecution was discontinued, counsel said.
However, the man had been tried and convicted before a criminal court and there is a fundament right of the media to publish the names of those convicted of crimes before the courts, bar in limited exceptional circumstances.
Publication counsel added is a “fundamental element of our Constitutional system of justice.”
Counsel said rather than seek to extend the order the man’s lawyers should make an application to have the other trials heard in October 2022 which would be well beyond the accepted fade factor of six months.
In his decision Mr Justice Meenan accepted that the trial of those convicted of serious criminal offences against Mr Lunney had received widespread media coverage.
He added that it could be anticipated that next Monday’s sentencing hearing would also receive widespread coverage in the media.
The judge also accepted that this was not a case where normally reporting restrictions would normally apply.
However, he was prepared to grant the man permission to bring his action and grant a temporary extension on the anonymity order.
The man’s lawyers, he said, had made out an arguable case that his rights to a fair trial could be prejudiced if the order was removed.
However, he said that the case law was such that any interference with the accepted right of the public to know and the media to publish the names of those convicted before the courts should be “minimal.”
The judge directed that the matter should return before him in mid-January.
The judge said that by then the position regarding when the man’s pending trials are likely to be heard will be known.
While it depended on what dates those trials are fixed for, the Judge said that it may well be the case that a further extension of the anonymity order is required.
Following trials before the non-jury Special Criminal Court earlier this year YZ was convicted along with two other men of false imprisonment and intentionally causing harm to Mr Lunney at a yard at Drumbrade, Ballinagh, Co Cavan on September 17, 2019.
The trial heard that Mr Lunney, was abducted when driving to his home.
The court heard that Mr Lunney was dragged from his vehicle by two men before YZ approached, held a Stanley knife to Mr Lunney’s face and told him to get into the boot of a car.
YZ drove with his two accomplices took Mr Lunney to the remote farmyard where they stripped him to his boxer shorts, doused him in bleach, shattered his shin bone with two blows of a wooden bat, punched and kicked him, sliced his face with a Stanley knife and carved the letters QIH into his chest.
The men told Mr Lunney to resign from his position with QIH and end legal proceedings he was involved with in Belfast and Dublin.
Delivering the SCC’s verdict last month, Mr Justice Tony Hunt said that YZ was “heavily involved in these crimes before, during and after the commission thereof.”
The SCC was satisfied that YZ was the driver of the car used to take Mr Lunney to the yard and that he was “responsible for inflicting most of Mr Lunney’s serious injuries.”