More than 16 years after innocent rugby player Shane Geoghegan was shot dead in a case of mistaken identity, the notorious Limerick gangster who ordered the hit, John Dundon, has failed in a bid to overturn his murder conviction.
The Court of Appeal rejected Dundon’s claims that evidence which “fell through the cracks” could have called the credibility of witnesses into question.
Dundon (41), formerly of Hyde Road in Limerick, was convicted at the Special Criminal Court in 2013 of ordering the hit that resulted in the death of 28-year-old Mr Geoghegan near the victim’s home at Clonmore, Kilteragh, Dooradoyle, on November 9th, 2008. He is serving a life sentence.
[ Limerick gangster John Dundon appeals murder sentence over fresh witness evidenceOpens in new window ]
Key State’s witness April Collins had told the court that she heard John Dundon order gunman Barry Doyle to kill a gang rival less than 48 hours before Mr Geoghegan’s death. The court heard that she was previously in a relationship with John’s brother, Gerard Dundon, for eight years and had three children by him.
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Mr Geoghegan played rugby for Garryowen in Limerick and had been watching an Ireland international game at a friend’s house before heading home shortly before 1am. He had just texted his girlfriend Jenna Barry to say he was on his way when Ms Barry heard shots fired outside.
It was the State’s case that Mr Geoghegan was the unintended victim of a shooting that was meant for another man and was ordered by John Dundon.
Launching an appeal against the conviction in April last, counsel for Dundon, Dominic McGinn SC argued that the court should hear fresh evidence of a phone conversation between witnesses Lisa Collins and Christopher McCarthy that did not emerge at Dundon’s trial in 2013. Mr McGinn said that during the conversation, which was recorded by the Irish Prison Service while Mr McCarthy was in jail, Ms Collins and Mr McCarthy discussed “how long was long enough” for Dundon to be imprisoned.
[ John Dundon appeal against conviction for murder to go ahead this monthOpens in new window ]
Counsel said there was a reference to Dundon receiving 10 years for a particular offence but that “wouldn’t be sufficient”. Mr McGinn said the conversation suggested that Ms Collins and Mr McCarthy had a motive to ensure that Dundon was convicted of an offence carrying a greater penalty, such as murder.
If Dundon’s legal team at the time had known about the conversation, Mr McGinn said they undoubtedly would have used it to undermine the credibility of Mr McCarthy, Lisa Collins and her sister April Collins. Those three gave evidence detailing how John Dundon ordered and organised the hit that resulted in Mr Geoghegan being shot in a case of mistaken identity. The Special Criminal Court, where Dundon was tried in 2013, found that their evidence was credible.
Mr McGinn said Dundon’s original legal team was aware of the phone call but the evidence later “fell through the cracks” after Dundon sacked his lawyers on the day his trial was due to begin. His second legal team, Mr McGinn said, had to deal with a huge amount of disclosure in a short amount of time.
The absence of the phone call evidence was enough to raise a concern about the fairness of Dundon’s trial, Mr McGinn said.
In delivering the Court of Appeal’s ruling on Thursday, Mr Justice John Edwards noted that senior counsel for the appellant had asked the court to accept that the material at issue was relevant and its absence gave rise to a concern that the appellant did not have a fair trial or that his conviction might not be safe.
Mr Justice Edwards said that this matter was not pursued by the appellant’s new legal team at trial, who claimed that they had limited time to prepare. However, Mr Justice Edwards said that there was no evidence that this was the reason for their failure to pursue the issue, adding that there was no basis for drawing any inference as to their reasons.
[ John Dundon - a career criminal used to making threats to killOpens in new window ]
He said that at the time disclosure of the telephone transcripts was sought, the material was not in the possession or procurement of the Director of Public Prosecutions, who was not under any obligation to provide it by way of disclosure. The judge said there was no breach of the duty of disclosure owed by the DPP to the appellant.
Finding the court was not persuaded that the appellant’s trial was unsatisfactory or his verdict unsafe, the judge said it would dismiss the appeal.
Barry Doyle (38) admitted during Garda interviews that he shot Mr Geoghegan in a case of mistaken identity. However, Doyle, of Portland Row in Dublin 1, later pleaded not guilty at trial to the murder of Mr Geoghegan. He was found guilty by a jury at the Central Criminal Court and was given the mandatory life sentence by Mr Justice Garrett Sheehan on February 16th, 2012.
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