A Dublin man accused of falsely imprisoning and assaulting a Quinn Industrial Holdings (QIH) director from Co Fermanagh has failed in a bid to have the charges against him dismissed.
Alan O'Brien (39), with an address at Shelmalier Road, Dublin 3, is charged with false imprisonment and assault causing serious harm to Kevin Lunney in Co Cavan on September 17, 2019.
Mr O'Brien yesterday applied to the non-jury court to dismiss the two charges.
Mr Lunney, a father-of-six, was abducted close to his Derrylin home on the evening of September 17. The businessman's leg was broken, he was doused in bleach and the letters 'QIH' were carved into his chest before he was dumped on a roadside in Co Cavan.
Bernard Condon SC, for Mr O'Brien, told the court that his client was making the application under Section 4E of the Criminal Justice Act 1999. A Section 4E application is for the dismissal of a charge against an accused.
The three-judge court heard submissions from Mr Condon, and Sean Guerin SC made submissions for the Director of Public Prosecutions.
Mr Justice Paul Coffey, presiding, sitting with Judge Martin Nolan and Judge Gerard Griffin, said what was at issue was whether there was a sufficient case to put the accused on trial and whether a "prima facie" case had been made out by the prosecution.
Mr Justice Coffey said the non-jury court was satisfied that there was a sufficient case to put Mr O'Brien on trial for the offences.
He was remanded until January 11, 2021, when his trial is expected to take place alongside his three other co-accused.
The co-accused are Luke O'Reilly (66), from Mullahoran Lower, Kilcogy, Co Cavan; Darren Redmond (25), from Caledon Road, East Wall, Dublin 3, and another man who cannot be named for legal reasons. They are also accused of the same offences.