Foley appeal adjourned for reportTuesday 07 November 2006 17.24
An appeal by Martin Foley, the Dublin criminal know as 'The Viper', against his sentence for threatening to kill a doorman who refused him admittance to a pub has been adjourned.
The 56-year-old from Cashel Avenue in Crumlin had been sentenced in the District Court to two months in prison after failing to do 100 hours community service for the offence, which happened outside McGowans in Churchtown in December 2003.
His appeal to the Circuit Court heard that Foley pointed at a member of staff and said 'see you, you're dead' after being refused admittance.
He told the court that he had turned his life around since the death of his wife in 2003 and it is now his full-time job to look after his two teenage daughters.
Judge Terence O'Sullivan said the defendant had a reputation and a threat from him would have been taken very seriously.
He also said Foley had not apologised or told staff the threat was removed.
The judge also said that although Foley had over 50 previous convictions he had been of good character in the recent past.
He adjourned the case until 19 December to see if Foley would be suitable to carry out 50 hours community service for the breach of the peace.