The Court of Criminal appeal has reserved judgment in an appeal brought by a Limerick man against the conviction and 10-year jail sentence he revived for threatening to kill a young barman who refused to allow his 14-year-old sister into a pub.
In May 2005, Wayne Dundon (aged 29) of Lenihan Avenue, Prospect, Limerick was convicted after being found guilty by a jury at Limerick Circuit Court, of threatening to kill Ryan Lee at Brannigan's Pub, Mulgrave Street, Limerick, on December 19, 2004.
Dundon received a 10-year prison sentence, which was imposed by Judge Carroll Moran.
Shortly after the incident with Dundon, Mr Lee was shot. However nobody has ever been charged with that shooting.
Today the three judge Court of Criminal Appeal of Mrs Justice Fidelma Macken, Mr Justice Roderick Murphy and Mr Justice Daniel Herbert said they were reserving judgment on the appeals.
Ms Justice Macken said that the court hoped to be in a position to deliver judgment in about six weeks time.
Counsel for Dundon Mr James Lewis QC told the CCA that the appeal was being brought on a number of grounds. These included that the judge charge to the jury was not satisfactory.
Counsel also submitted that the fact Mr Lee was shot shortly after the incident with Dundon should not have been put to the jury, as Dundon was not charged with that offence.
Counsel said that the 10-year length of the sentence was "manifestly excessive".
He said that his client had spent almost four years in custody, and on his release intended to return to the UK with his family, where he had spent the first 19 years of life.
Counsel for the DPP Mr Paul Coffey SC said that the 10-year sentence and conviction should stand.
Prior to this incident Dundon, the court heard, had previous convictions for assault and burglary in Ireland and the UK.
It was submitted by counsel that the Judge had taken that into account when formulating sentence.
During the two-day trial in May 2005 Ryan Lee, then aged 19, told the court Wayne Dundon threatened to kill him after he refused to let the then 14-year-old Annabel Dundon into Brannigans.
The court heard that Dundon made a shape of a gun with his hand and pushing it against Mr Lee's face said "f*** you, you're dead".
CCTV footage showed Dundon driving his sister and his wife to Brannigans pub on the night in question.
Mr Lee said that as he stopped Dundon's sister Dundon got out of his car and asked "what my problem was".
He added: "I told him there was no problem but that I needed ID for the younger girl before I let her in.
"He said, 'It's her first f****kin' night out give her a break' and I said that I couldn't let her in without ID.
The barman said he was "extremely scared" but relieved when Dundon left with his sister.
Some 30 minutes later that night the barman was shot twice in the knee and groin area, however no one has ever been charged with the shooting.