Intimidating a witness sentence
Because those witness would be too afraid to testify prosecutors were unable to bring many ruthless violent gang members to justice for crimes committed in broad daylight in full view of the public.Being such a new law (most MA criminal charges are decades or even centuries older) it has been interesting to see how police and prosecutors have used the charge of witness intimidation since its inception as a tool to fight violent and dangerous gangs.THE COURT OF Appeal will not review Wayne Dundon’s prison sentence for making threats to kill and intimidating witnesses despite an appeal by prosecutors that his six year sentence was “unduly lenient”.Dundon (37) of Lenihan Avenue, Ballinacurra Weston, was found guilty by the Special Criminal Court in 2012 of threatening Alice Collins that he would kill or cause serious harm to her sons Gareth Collins and Jimmy Collins at Hyde Avenue, Limerick on September 30 2010.Fist, the constitution and rules of evidence limit the kinds of procedures police can use to identify someone, and what can be said in court.Second, when people think about what the police can show, they usually are not thinking in terms of "reasonable doubt." Even if the police are convinced about who was responsible, the Commonwealth still has to prove it, and if there is reasonable doubt, even convincing evidence is not enough.Witness intimidation is certainly a serious charge.It is a felony with a maximum penalty of 10 years in state prison.
There are two reasons that identity can be a legal issue even in cases where most people would consider it fairly easy to prove.Wayne’s younger brother John (33), with an address at Hyde Road, Limerick had also been found guilty of threatening to kill April Collins at Hyde Road on the weekend of April 3rd and 4th 2011. The Director of Public Prosecutions unsuccessfully sought a review of Wayne Dundon’s sentence today/yesterday on grounds that it was “unduly lenient”.