Convicted criminal fails in legal bid to 'close' popular pub after being barred

A convicted criminal who has survived a number of assassination attempts has failed in a legal bid to 'close' a pub in Limerick city from which he was barred last summer.

The "Godfather of the profoundly infamous Dundon family” - Kenneth Dundon - who stabbed a man in the face causing him to “drown in his own blood” gave evidence in support of his friend and fellow convicted criminal Anthony Kelly during a hearing at Limerick District Court.

Mr Kelly, who has survived up to 12 assassination attempts on his life and was acquitted of killing brothers Thomas and Sammy McCarthy in a row at a pub at Thomondgate in Limerick city in 1982, objected to the renewal of a pub licence.

Mr Kelly wanted to close down The Spotted Dog in Janesboro, close to Limerick city centre, because he said he was “unfairly prejudiced” against.

Mr Kelly said he was barred after Mr Dundon “came into his company” in the bar on April 15, 2024. The pub is owned by Eamonn O’Rahilly, chair of the local branch of the Vintners Federation of Ireland (VFI).

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Liam Carroll BL, for Mr Kelly, said his client was objecting to the renewal of the intoxicating liquor licence on the grounds that the good character of the licencee is an issue after he “unreasonably refused to serve persons”.

The objection was denied by the respondent Mr O’Rahilly, who was represented by Thomas Wallace-O’Donnell BL. The contested hearing before Judge Patricia Harney took over two hours on Thursday.Anthony Kelly

The first person to give evidence was Mr Kelly who said he lives on the same street as The Spotted Dog, has been going there for 25 years and “never had a problem with staff, owner or nobody”.

Mr Kelly said he went into the pub at around 4.45pm on April 15, 2024 with his then partner and now wife. A friend of his wife joined them later.

“I was playing cards, 45. Kenneth Dundon came in around 6.45pm. The bar man served him. I’ve known Kenneth from a young age. We were neighbours. He saw me, spoke to me and bought me a pint. He joined my now wife and her friend at their table because I was playing cards,” said Mr Kelly.

CCTV footage was played to show the judge where Mr Kelly was sitting. Mr Carroll said they received the footage from 4pm to 6pm but not after that time when Mr Dundon came in.

The next day (April 16), Mr Kelly said, he went to the bar and Mr O’Rahilly told him “ye’re barred”.

“He said Kenneth Dundon came into my company,” said Mr Kelly.

Mr Carroll asked Mr Kelly if he had invited Mr Dundon to the pub on the previous night. “No,” said Mr Kelly.

On the following day - April 17 - Mr Kelly and Mr Dundon returned to the pub to “resolve matters”.

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Mr Wallace-O’Donnell, for Mr O’Rahilly, said the visit was “intimidating” and asked Mr Kelly if he had heard the expression “it’s a lovely home, it would be a shame if anything happened to it”.

Mr Kelly said he had but denied anything like this took place.

Referring to an incident in the past, Mr Wallace-O’Donnell said Mr Dundon stabbed a man in the face who then drowned in his own blood.

“He is the father of the profoundly infamous Dundon family who have engaged in gang warfare, is the godfather, the paterfamilias. His presence made customers and staff nervous,” said Mr Wallace-O’Donnell.

The barrister said it wasn’t Mr Kelly’s first time in court.

“You have been acquitted of certain matters,” said Mr Wallace-O’Donnell.

The barrister asked Mr Kelly why he wanted to shut down The Spotted Dog.

“I’m the chairman of a football club. I’m after being disgraced (by being barred). It spread like wildfire,” said Mr Kelly (pictured below).

Mr Wallace-O’Donnell said a man is judged by the company he keeps.

The next witness was Michael Slattery, a doorman who worked at The Spotted Dog. Answering questions from Mr Carroll, he said Mr Kelly would have frequented the pub and he “never had a problem with him”.

Kenneth Dundon

Kenneth Dundon took the stand. He told Mr Carroll, representing Mr Kelly, that on April 15 he went into the bar where he had been “numerous times” and called a pint. He said Mr Kelly was playing cards and he (Mr Dundon) was just chatting to Mr Kelly's then partner and her friend. He said Mr Kelly hadn’t invited him and there were no issues on the night.

Mr Carroll put it to him that he was the godfather of the McCarthy-Dundon crime gang.

“I draw my pension. I’m the godfather of nothing,” said Mr Dundon.

Mr Wallace-O’Donnell, representing Mr O’Rahilly, put it to Mr Dundon he served six years in England for manslaughter for killing a man by stabbing him in the face.

“I did my time. Whatever I done, I done,” said Mr Dundon.

The barrister said Mr Dundon was, at one point, on Scotland Yard's most-wanted list and some of his children have a long experience of the courts.

Mr Wallace-O’Donnell said it was “entirely reasonable for Mr O’Rahilly to bar you and the person whose company you were with”.

The barrister said he (Mr Dundon) and Mr Kelly went back to “have words” with Mr O’Rahilly on April 17 and “were both quite intimidating and Mr O’Rahilly felt threatened”.

“We didn’t threaten no one,” said Mr Dundon (pictured below).

Mr Wallace-O’Donnell said it is the position of Mr Kelly that “essentially Mr O’Rahilly doesn't have the character to run a pub because he barred you and Mr Kelly and I am suggesting, given your history, it is entirely reasonable”.

The second last witness was a barman who said Mr Kelly wasn’t a regular and “it was very seldom he’d be in”.

Proprietor of The Spotted Dog

The last person to take the stand was Mr O’Rahilly, who got a call from one of his bar staff around 8pm on April 15, 2024 to say they had heard other customers say Mr Dundon was present and the staff member was very nervous and unsettled.

On the following day, the publican said, Mr Kelly came in.

“I told him I wasn’t happy about Mr Dundon. Mr Kelly asked me would I prefer if he stayed out of the pub and I said yes,” said Mr O’Rahilly.

The next day - April 17 - Mr Kelly and Mr Dundon returned.

“Mr Kelly said he wanted to resolve the situation. I saw no resolution. They alluded to the fact as long as they are on the premises my business would be OK. I didn’t want people like Mr Dundon who would put the fear of God in staff and customers. 

“They were trying to coerce me into a situation where I would serve Mr Dundon and Mr Kelly and some of his friends. I felt it was contrived with a view to running the pub from outside the bar,” said Mr O’Rahilly.

Mr Carroll, representing Mr Kelly, said the CCTV was of exceptional quality but it would have been of assistance to the court to have the whole night and not just from 4pm to 6pm.

Mr O’Rahilly said he had downloaded the wrong media player but that “intimidation isn’t seen on CCTV”.

Mr Carroll said it was insulting to Mr Kelly, who lives a law-abiding life, not to serve him.

“His reputation goes before him,” said Mr O’Rahilly.

Mr Carroll said threats and intimidation are criminal offences and asked him if he had reported them to gardai.

“No,” said Mr O’Rahilly, who agreed with Mr Carroll that Mr Kelly and Mr Dundon had respected being barred.

In summing up, Mr Carroll said the court must consider whether or not the refusal to serve Mr Kelly gives rise to a situation where the licensee is somebody of not good character.

The barrister quoted case law from 1887 when referring to a “capricious” refusal to serve Mr Kelly.

“It is entirely unfair and unreasonable that Mr Kelly, with whom the publican had no difficulty prior to this, suddenly took an adverse view of him because he took the view he was in the company of Mr Dundon,” said Mr Carroll.

Mr Wallace-O’Donnell, for Mr O'Rahilly, also cited case law and said it is a matter for Judge Harney to decide whether she believed the behaviour of Mr O’Rahilly has been capricious, inexplicable, without consideration, or irrational?

“You’ve heard his (Mr O’Rahilly) evidence,” concluded Mr Wallace-O’Donnell.

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Judge Harney said she had no doubt that Mr Kelly arriving in the company of Mr Dundon on April 17 was definitely staged and “I certainly believed Mr O’Rahilly’s evidence that he felt concerned and intimidated”.

The judge said she is satisfied that Mr Kelly must fail in his application.

“He has not established to my satisfaction that the behaviour of Mr O’Rahilly was capricious or unreasonable in any way.

"Indeed, from the evidence I have heard it would appear to me Mr O'Rahilly dealt with matters in an appropriate manner,” said Judge Harney, who added she did not believe there was anything sinister about the missing CCTV.

The judge awarded costs, including a cert for counsel, against Mr Kelly.