Dundon trial hears legal argument at close of prosecution case

The Special Criminal Court trial of two Limerick brothers charged with threatening to kill four members of the same family has heard legal submissions at the close of the prosecution case.

Brothers Wayne Dundon (aged 33) and John Dundon (aged 29) have between them denied seven counts of making threats to kill and two counts of witness intimidation.

Wayne Dundon, of Lenihan Avenue, Ballinacurra Weston, has pleaded not guilty to five counts relating to threatening to kill Alice Collins and her children Gareth, Jimmy and April, as well as two counts of obstructing the course of justice at addresses in Limerick city between September 2010 and March 2011.

John Dundon, with an address at Hyde Road, Limerick, has pleaded not guilty to threatening to kill April Collins and making a threat to April to kill her mother Alice Collins at an address on Hyde Road on the weekend of April 3 and 4, 2011.

The court heard that mother-of-three April Collins was in a relationship with Gerard Dundon, a brother of the accused men, for eight years until late 2010.

The court heard this morning that all evidence of the whereabouts of Wayne Dundon on the dates of the alleged offences had been adduced and that gardaí held no additional intelligence on the movements of the accused man.

Superintendant John Scanlon, of Roxborough Road Garda Station, agreed with Mr Tom O’Connell SC, prosecuting, that garda pulse records confirmed there were no other sightings of Wayne Dundon between 8am and 1pm on March 25, 2011 and between 6pm and 12 midnight on September 30, 2010 other than those already before the court.

He told the court that he was claiming privilege on the pulse records as their construction demonstrated garda methodology on intelligence gathering and disclosing them could put lives at risk.

Supt Scanlon agreed with Mr Padraig Dwyer SC, for Wayne Dundon, that his client was mistaken in his belief that he was under 24-hour garda surveillance at the time of the alleged offences.

Most of today’s proceedings were taken up by legal submissions made by the defence at the close of the prosecution case.

Counsel for John Dundon, Mr Brian McCartney SC, told the court that the State had failed to produce evidence on which a reasonable jury, properly directed, could convict.

Mr Dwyer argued that gardaí failed in their duty to seek out relevant evidence for the prosecution, leaving only uncorroborated evidence to go before the court.

Mr Justice Paul Butler adjourned matters until Tuesday next, when the prosecution will continue its rebuttal to the defence applications.