The Court of Criminal Appeal has reserved judgment on an appeal by a Limerick man against his conviction and 10-year jail sentence for threatening to kill a young barman who had refused to allow his 14-year-old sister into a pub.
Wayne Dundon (29), of Lenihan Avenue, Prospect, Limerick, was convicted in May 2005 at Limerick Circuit Court of threatening to kill Ryan Lee at Brannigan's Pub, Mulgrave Street, Limerick, on December 19th, 2004. Dundon received a 10-year prison sentence from Judge Carroll Moran.
About 30 minutes after the incident with Dundon, Mr Lee was shot and injured. No charges were brought in relation to the shooting.
The three-judge Court of Criminal Appeal, consisting of Ms Justice Fidelma Macken, presiding, Mr Justice Roderick Murphy and Mr Justice Daniel Herbert, heard Dundon's appeals against conviction and sentence yesterday.
Ms Justice Macken said that the court hoped to be in a position to deliver judgment in about six weeks' time.
Earlier, James Lewis QC, for Dundon, said the appeal was being brought on a number of grounds, including that the judge's charge to the jury was not satisfactory.
Counsel also argued that the fact Mr Lee was shot shortly after the incident with Dundon should not have been put to the jury.
Mr Lewis described the 10-year sentence as "manifestly excessive". He said his client had spent almost four years in custody, and on his release intended to return to the UK with his family, where he lived until he was 19 years old.
Opposing the appeal, Paul Coffey SC, for the DPP, said both conviction and sentence should stand. Dundon had previous convictions for assault and burglary in Ireland and the UK and the trial judge had taken that into account, he said.
During the two-day trial in May 2005, Ryan Lee, then aged 19, told the court Wayne Dundon had threatened to kill him after he refused to let Annabel Dundon (14) into Brannigan's pub. He said Mr Dundon made a shape of a gun with his hand and pushed it against Mr Lee's face, saying "f*** you, you're dead".
About 30 minutes later, the barman was shot in the knee and groin area, the trial was told.