THE TRIAL of two Limerick brothers charged with threatening to kill four members of the same family was adjourned until today after their defence team sought further disclosure on an alleged attempt by a key prosecution witness to “set-up” one of the accused men.
The Special Criminal Court trial of Wayne Dundon (33) and his brother John Dundon (29) opened yesterday but was adjourned soon after, when barristers for both men sought disclosure about telephone conversations held between one of the alleged victims and another man.
Wayne Dundon, of Lenihan Avenue, Limerick, pleaded not guilty to five counts of making threats to kill and two counts of obstructing the course of justice at addresses in Limerick city over a seven-month period between 2010 and 2011.
He denied making a threat to kill or cause serious harm to April Collins, and making a threat to Ms Collins to kill or cause serious harm to her brother Gareth Collins and her mother Alice Collins at Hyde Road, Limerick, on March 25th, 2011.
Mr Dundon also pleaded not guilty to making a threat to Alice Collins to kill or cause serious harm to her son Gareth Collins and Jimmy Collins at Hyde Avenue, Limerick, on September 30th, 2010.
Wayne Dundon also pleaded not guilty to the intimidation of potential prosecution witnesses Alice and April Collins with the intention of obstructing the course of justice at Hyde Road on September 30th, 2010.
His younger brother John Dundon, also with an address at Hyde Road, Limerick, 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 during the weekend of April 3rd and 4th, 2011.
Counsel for Wayne Dundon, Pádraig Dwyer SC, told the non-jury court that he was seeking further disclosure in relation to an alleged threat made by April Collins to “set up” his client.
He asked the court to order the release of as many as 100 audio tapes recording the telephone conversations held by April Collins and another man between October 2010 and April 2011.
Mr Justice Paul Butler, presiding, ordered that the tapes of these telephone conversations, which are held by the governors of four different prisons, be released to the DPP for further disclosure to the defence.
He said that the matter was “entirely unsatisfactory” as both of the accused men and a large number of witnesses had been brought to the Special Criminal Court for the opening of the trial at “enormous cost”.
The judge remanded both Wayne and John Dundon in custody and adjourned the trial until today at 2pm.
Before the trial opened Wayne Dundon was charged with making a threat to April Collins to kill or cause serious harm to Elaine Walsh at Hyde Road, Limerick, on March 25th, 2011.
Mr Justice Butler remanded him in custody in relation to this charge until February 28th.