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Wayne Dundon and John Dundon lose conviction appeals

By Gráinne Nolan

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal rejected every ground of appeal advanced by Wayne Dundon and John Dundon on 30 May 2016, leaving their convictions in place. Mr Justice George Birmingham gave judgment alongside Mr Justice Alan Mahon and Mr Justice John Edwards. The proceedings were reported on 30 May 2016.

In 2012, the Special Criminal Court convicted Wayne Dundon over a threat made to Alice Collins at Hyde Avenue, Limerick, on 30 September 2010: he would kill or seriously harm her sons, Gareth Collins and Jimmy Collins. His convictions also covered intimidating potential prosecution witnesses Alice Collins and April Collins during that incident to obstruct justice.

John Dundon's conviction concerned a threat to kill April Collins at Hyde Road, Limerick, during the weekend of 3 and 4 April 2011. The three-judge Special Criminal Court imposed prison terms on 18 April 2012: six years for Wayne Dundon and five-and-a-half years for John Dundon.

Brian McCartney SC pursued John Dundon's request for a directed acquittal, arguing that the visual identification was unreliable. Mr Justice George Birmingham rejected this: the trial judges had considered those concerns, watched April Collins under cross-examination and could properly reach their conclusion.

For Wayne Dundon, Michael Bowman SC argued that CCTV covering 31 Hyde Avenue in 2009, disclosed during a later murder trial, meant recordings must have existed for 2010. Mr Justice George Birmingham said functioning cameras at that address on the relevant date had not been established. The court upheld limits on telephone transcripts and rejected another ground based on prisoner phone transcripts disclosed in the murder case.

Michael Bowman SC further argued that April Collins' evidence had not been relied on in the murder case, making Wayne Dundon's conviction unsafe. Mr Justice George Birmingham explained that although her evidence had not helped that prosecution, the Special Criminal Court had not rejected it.

Wayne Dundon and Nathan Killeen had pleaded not guilty to murder. Both were convicted by the Special Criminal Court and received mandatory life terms. That case concerned the killing of Roy Collins in Limerick on 9 April 2009. The report said Wayne Dundon was serving his life sentence.

Following the appeal decision, Wayne Dundon and John Dundon were taken away to carry on serving their sentences.

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