Dessie Dundon, currently serving a life sentence at Mountjoy Prison for the murder of a rival gangster in Limerick, has been given the green light to question a decision not to grant him parole. The refusal was allegedly based on a confidential document prepared by An Garda Síochána.
The incarcerated crime boss from Limerick alleges that the parole board failed to provide all pertinent information that contributed to the parole denial earlier in the year. An ex parte hearing at the High Court, attended only by Dundon’s side and represented by Mark Lynam SC, received Ms Justice Mary Rose Gearty’s approval to reassess Dundon’s case on Monday.
According to Lynam, Dundon had always been proactive with the parole board and had generally received favourable reports from Mountjoy Prison. However, Dundon believes that the Parole Board has infringed on his constitutional rights to fair proceedings.
He alleges that during his parole application, the Parole Board obtained substantial material from An Garda Síochána, which was only made available to him after the parole refusal was decided in March. Dundon also asserts that the Parole Board behaved “unlawfully, irrationally and with procedural impropriety.”
His application for reconsideration asserts that the board identified special circumstances that justified the secrecy of the material (the Garda’s report) without disclosing it to either Dundon or his legal team. He also maintains that this undermined his natural justice. Furthermore, Dundon asserts that his solicitors had requested a summary or redacted version of the “secret information”, with no sign that these options were considered by the board.
Dundon, age 41, has already completed 21 years in jail for the assassination of underworld kingpin Kieran Keane and the botched murder attempt on Keane’s nephew, Owen Treacy, in Limerick back in January 2003. Dundon’s incarceration commenced in March 2003, and by December the same year he was found guilty of attempted homicide and dual cases of unlawful detention.
Following his incarceration, Dundon, who had past convictions for assault that resulted in injury and theft at the time he was sentenced, has accumulated two additional convictions for having a mobile phone in the jail premises and intentionally hindering a prison guard.
Today, Mr Lynam, who receives instructions from Madden & Finucane Solicitors, said that An Garda Síochána is mentioned as a notice party in the case because of their engagement in the parole appeal. The issue has been deferred for mention to the 5th of November by Ms Justice Gearty.