Dessie Dundon, who is serving life imprisonment for the murder of a Limerick gangland rival, has been granted leave to challenge a refusal to grant him parole on the basis of a “secret dossier” compiled by An Garda Síochána.
Limerick crime boss Dundon, who is serving his time in Mountjoy Prison, claims the parole board did not take all reasonable steps to inform him of all the information that grounded the parole refusal earlier this year.
At a High Court ex-parte hearing, where only one side is represented, Mark Lynam SC, for Dundon, was on Monday granted leave by Ms Justice Mary Rose Gearty to have his client's case reviewed.
Mr Lynam said his client had engaged with the parole board and, in general, had good reports from Mountjoy Prison.
Dundon claims that the Parole Board received "considerable" material from An Garda Síochána during the course of the parole application, of which he only had sight after the board’s decision to refuse parole in March of this year.
Dundon claims that the Parole Board acted in a manner that "breached his constitutional rights to fair procedure".
His application claims that the Parole Board acted “illegally, irrationally and with procedural impropriety”.
Dundon's application for review of the decision claims that the board “found exceptional circumstances existed existed that warranted the material [An Garda Síochána’s report] being kept secret and not being disclosed to either the applicant [Dundon] or his legal representatives”.
Dundon says his solicitor wrote to the board and submitted that the finding of “exceptional circumstances and the consequence that the material would be withheld from him deprived him of natural justice”.
Dundon claims his legal teams requested that the "secret information" be furnished in either a summary or redacted version but no indication was given that these alternatives were considered by the board.
Dundon (41) has so far served 21 years’ imprisonment for the murder of crime boss Kieran Keane and the attempted murder of Keane’s nephew, Owen Treacy, in Limerick in January 2003.
Dundon, who has been in prison since March 2003, was convicted in December of that year of attempted murder and twice of false imprisonment.
Since being jailed, Dundon, who had further convictions for assault causing harm and larceny at the time of his sentencing, has received two more convictions for possession of a mobile phone in prison and wilfully obstructing a prison officer.
On Monday, Mr Lynam, who is instructed by Madden & Finucane Solicitors, said An Garda Síochána were listed as a notice party in the case due to their involvement in the parole application.
Ms Justice Gearty adjourned the matter to November 5th for mention.
