Man who used convicted killer as witness in pub licence objection loses appeal

Anthony Kelly , 60s Limerick who lost his appeal against a failed objection to his local publician operating the pub after the owner barred him. Photo: Brendan Gleeson.

A LIMERICK man who used a former Scotland Yard listed โ€œmost wantedโ€ killer as a witness in a failed objection to a publican renewing his pub licence has lost an appeal against the original judgement in the case.

Last February, Anthony Kelly (60s), of Southill, Limerick, failed in his objection to Eamonn Oโ€™Rahilly renewing his licence to operate The Spotted Dog pub, after Mr Oโ€™Rahilly barred Mr Kelly and Kenneth Dundon.

Judge Colin Daly, at Limerick Circuit Court, dismissed the appeal by Mr Kelly, affirming the original judgement of Judge Patricia Harney at Limerick District Court last February, with no order for costs.

Kenneth Dundon – father of Wayne, John, and Dessie Dundon – appeared as a witness for Mr Kelly at the original hearing.

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That court heard that Mr Dundon (60s) was previously jailed for six years after he was convicted of the manslaughter.

The court heard that, on April 15, 2024, Mr Kelly was playing a card game in The Spotted Dog when Mr Dundon entered the pub, ordered a drink, and sat with Mr Kellyโ€™s friends.

The two men bought each another drinks and eventually left the pub together without any issue arising at the premises, the court heard.

However, a barman, who had been on duty on the night, gave evidenceย the atmosphere in the pub suddenly โ€œchangedโ€ when Mr Dundon walked in.

The barman said that, knowing the โ€œhistoryโ€ of Mr Dundonโ€™s family, he telephoned Mr Oโ€™Rahilly to let him know he was โ€œfearfulโ€ due to his presence in the pub.

In his evidence to the court, Mr Oโ€™Rahilly said he was โ€œaware of Mr Dundon and his reputationโ€.

Mr Oโ€™Rahilly said he told the barman that he would get to the pub โ€œas soon as I couldโ€.

However, Mr Kelly and Mr Dundon left the pub moments before Mr Oโ€™Rahilly arrived on the night.

Mr Oโ€™Rahilly said that when Mr Kelly arrived at the pub the following day, he told him he โ€œwasnโ€™t happyโ€ with Mr Dundon being in his pub.

Mr Oโ€™Rahilly said he reminded Mr Kelly that Mr Dundonโ€™s โ€œpresence at the bar had made customers and staff concerned and nervousโ€.

โ€œI was not happy to run the pub under such conditions which would exist if Dundon kept coming in,โ€ Mr Oโ€™Rahilly said.

Mr Oโ€™Rahilly told the court that he replied โ€œyesโ€, after Mr Kelly asked him if he was also barred.

Onย April 17, 2024, Mr Kelly and Mr Dundon – both barred at this stage – returned to the pub, the court heard.

Mr Oโ€™Rahilly told the court he โ€œfelt they were trying to compel me to serve them and their associates with a view to trying toย run the pub from outside the counterโ€.

โ€œMr Kelly was trying to coerce me into a situation by showing me who his friends were, who he was associated with, and telling me I would be alright because he would keep an eye on things,โ€ Mr Oโ€™Rahilly claimed.

Mr Kelly and Mr Dundon each told the court they were surprised when they found out they were not welcome at the pub, as there had been no trouble on the night they were both on the premises.

They both denied making any threats or trying to intimidate Mr Oโ€™Rahilly.

Mr Kelly told the court he returned to the pub with Mr Dundon to โ€œresolveโ€ matters with Mr Oโ€™Rahilly and described his ban from the pub as โ€œunfairโ€ and โ€œprejudicedโ€.

Cross-examining Kenneth Dundon in court, Mr Oโ€™Rahillyโ€™s barrister, Thomas Wallace-Oโ€™Donnell, put it to the witness that he was โ€œa member of a profoundly infamous family… the father of the Dundon family, the Godfather, the paterfamilias of the familyโ€.

Kenneth Dundon replied: โ€œIโ€™m a pensioner, Iโ€™m no Godfather of nothingโ€.