The court heard that the threat to kill or cause serious injury was made against a named barman and was “followed through”.
Mr Costelloe said the Special Criminal Court remembered that John Dundon had a relevant previous conviction but appears to have forgotten that Wayne Dundon had as well and gave him one less year in prison than had been imposed for his previous conviction.
Mr Justice Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would not be reviewing Dundon’s sentence and detailed reasons for its decision would be given at a later date.
When Mr Justice George Birmingham remarked to Mr Costelloe that if he wanted to hear from the victims he had to call them to the witness box, counsel replied that the legislation allowed for submissions.He submitted that a document could be handed into court, replying submissions could be made and the court could decide what weight to give to factual matters.Mr Justice Birmingham said Wayne Dundon’s appeal against conviction was not in a position to proceed.A motion was being drafted by his lawyers relating to the admission of additional evidence “so that has to go back,” he said.THE COURT OF Appeal will not review Wayne Dundon’s prison sentence for making threats to kill and intimidating witnesses despite an appeal by prosecutors that his six year sentence was “unduly lenient”.
Dundon (37) of Lenihan Avenue, Ballinacurra Weston, was found guilty by the Special Criminal Court in 2012 of threatening Alice Collins that he would kill or cause serious harm to her sons Gareth Collins and Jimmy Collins at Hyde Avenue, Limerick on September 30 2010.Victim Impact Statement Mr Costelloe said the Special Criminal Court didn’t even consider whether a written Victim Impact Statement could be allowed as a submission and had taken the view that it didn’t have to consider the impact of the crimes on the victims at all.Having declined to return to court to give an oral Victim Impact Statement, Mr Costelloe said the injured parties completed a written statement which was objected to by the defence.The non-jury court also found him guilty of the intimidation of potential prosecution witnesses Alice and April Collins with the intention of obstructing the course of justice on the same occasion.Special Criminal Court The three judge Special Criminal Court sentenced him to six years imprisonment on April 18 2012.As a result, John Dundon’s appeal against conviction was also put back because “they should be dealt with at the same time,” he said.