Closing speeches heard in Dundon trial

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.

In his closing speech to the non-jury court, Mr Tom O’Connell SC, prosecuting, said that both Alice and April Collins were truthful, credible and reliable witnesses and asked the court to convict the accused men on all charges on the indictment.

Counsel for John Dundon, Mr Brian McCartney SC, told the court that the evidence against his client was “not just weak but dangerous” and he urged the court to find his client not guilty as the prosecution case was “weak and inconsistent”.

He said the testimony given by April Collins was uncorroborated and told the court there was a “clear animus” between John Dundon and April Collins, who he said “may have enjoyed an element of advantage” in making claims against his client.

Mr McCartney said the identification evidence before the court was of a “significantly low standard” and said that the alleged threats had no impact on the daily routine of April Collins.

Mr Padraig Dwyer SC, for Wayne Dundon, told the court that April and Alice Collins were “anything but” truthful reliable and credible witnesses and asked the court to acquit his client.

He said that Wayne Dundon came before the court as an innocent man and was not being tried on any reputation attributed to him over the years.

Mr Dwyer said there was a general atmosphere of hostility between the Dundon and Collins families and asked the court to bear in mind that the evidence against his client was “utterly corroborated”.

Mr Justice Paul Butler remanded both of the accused men in custody to appear before the court on Friday, when he said the court should be in a position to return judgement.

The court ruled earlier that the core evidence as given by the three key prosecution witnesses in the case was fit to go before a jury.

In a written judgment delivered this morning, Mr Justice Butler said that although “much comment” had been made on the quality of the evidence and the weight that should be attached to it, the court found the evidence was such that a jury, properly charged, could deal with each of the counts on the indictment.

Mr McCartney had argued that the State failed to produce evidence on which a reasonable jury, properly directed, could convict.

He described the Dundon name as the “elephant in the room” but told the court that it was just a name and nothing else.

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

Mr O’Connell submitted that on the evidence before the court the case was suitable to go before a jury on all counts.