MEMBERS OF a gang who are serving life sentences for the murder of a Limerick crime boss will not be allowed attend a hearing aimed at having their convictions appealed to the Supreme Court on grounds they raise points of public importance.
The Court of Criminal Appeal (CCA) ruled yesterday it would not allow members of the Dundon-McCarthy gang to attend the hearing of their applications to refer issues to the Supreme Court because of their “threatening and aggressive behaviour” following the failure of their appeal before the CCA in July 2007.
Copies of heavy judgments were flung at the CCA judges after they dismissed an appeal by five of the gang’s members against their convictions for the murder of Kieran Keane and the attempted murder of his nephew, Owen Treacy.
The trial heard Mr Keane (36) was tortured before his hands were tied behind his back and he was shot in the head. Mr Treacy was stabbed 17 times but survived the attack in Co Limerick on January 29th, 2003.
The five convicted of murder, attempted murder and kidnap were: Desmond Dundon (23), Hyde Road, Limerick; David Stanners (34), Pineview Gardens, Moyross; James McCarthy (27), Delmege Park, Moyross; Christopher Costelloe (23), Moylish Avenue, Ballynanty Beg; and Anthony McCarthy (24), Fairgreen, Garryowen.
At the 2007 hearing, two of the five threw their copies of the 105-page judgments across the courtroom towards the judges’ bench and had to be restrained by gardaí. Insults were shouted and rosary beads were also thrown.
Yesterday, the CCA set May 11th for the hearing of an application by the five to refer their cases to the Supreme Court on grounds they raise issues of public importance which should be determined by the Supreme Court.
The court rejected applications for four of the five to be allowed to attend the hearing.
Mr Justice Nicholas Kearns, presiding, said the CCA saw no reason to depart from normal procedure in such applications where only the attendance of lawyers was required. The court also had to have regard to the men’s behaviour on the last occasion and the expense the State would have to go to in providing security to prevent a recurrence, he added.
The five want the Supreme Court to decide whether the trial judge had erred in refusing to discharge the jury because a Garda clerical officer had been empanelled on the jury when gardaí are disbarred from jury service.