Members of a gang who are serving life sentences for the murder of a Limerick crime boss will not be allowed attend a bid to have their convictions appealed to the Supreme Court on grounds they raise points of public importance.
The Court of Criminal Appeal (CCA) ruled today it would not allow members of the Dundon/McCarthy gang to attend the heraing 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 large and 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), of Hyde Road, Limerick; David Stanners, (34), of Pineview Gardens, Moyross; James McCarthy, (27), of Delmege Park, Moyross; Christopher Costelloe,(23), of Moylish Avenue, Ballynanty Beg and Anthony McCarthy,(24), of Fairgreen, Garryowen.
They appealed to the CCA but angry scenes erupted on July 25th, 2007 when Mr Justice Nicholas Kearns announced the appeals were rejected.
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 at the judges and others in the courtroom while a rosary beads was also thrown.
Today, 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 however rejected applications for four of the five to be allowed to attend the hearing.
Mr Justice 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 of such behaviour, 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 gardai are disbarred from jury service.
They also contend the prosecution was in possession of material facts which it did not share with the defence, media publicity was prejudicial and their trial should have been delayed to allow for people’s memories of this publicity to fade.
They also contend an issue arises relating to the prosecution’s requirement to disclose all relevant material even if there is failure by the defence to pursue any particular item of disclosure.
They also want the court to decide whether a warning on visual identification from the trial judge was sufficient where there were a number of co-accused.
Lawyers for Anthony McCarthy also want the Supreme Court to rule whether the CCA erred in not allowing evidence of an alibi who claimed to have seen him McCarthy at a petrol station on the night of the murder.