A Dublin man charged with the assault and false imprisonment of Quinn Industrial Holdings Director Kevin Lunney has brought a High Court challenge against the Special Criminal Court's jurisdiction to hear his trial.
39-year-old Alan O'Brien of Shelmalier Road, East Wall claims that the DPP's decision that he should not be tried before a jury represents a significant curtailment of his constitutional rights.
Mr O'Brien, along with three others is accused of falsely imprisoning and causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17th, 2019.
He has brought a judicial review action aimed at preventing his trial before the Special Criminal Court, which is due to commence early next year, from taking place.
Mr O'Brien is the second of the four accused men to challenge the Court's jurisdiction to hear the trial. Last month the High Court granted permission to another man, who cannot be named for legal reasons, to bring an action that raises similar grounds.
Mr O'Brien claims the DPP decided, in accordance with the 1939 Offences Against the State Act, that the ordinary courts could not hear his trial.
The DPP ruled that Mr O'Brien and his co-accused should be tried on what are non-scheduled offences before the SCC.
Counsel for Mr O'Brien said the legislative gateway used by the DPP to allow his client be tried before the SCC was introduced in 1972 during the Troubles and the Supreme Court had in 1996 described the legislation as "temporary, emergency legislation".
Counsel said was not appropriate that the man be tried under temporary legislation.
Mr Justice Charles Meenan yesterday ruled that the application for permission to bring the challenge should be made on notice to lawyers for the State and the DPP.
The matter was made returnable to a date in September.
