Garda file was 'worthless', Nevin hearing told
A “suspect” Garda file on a key witness in the trial of Catherine Nevin for the murder of her husband was a “worthless” document, the principle investigating officer in the case told the Court of Criminal Appeal today.
Detective Sergeant Fergus O’Brien, of Wicklow garda station, was giving evidence on the second day of Nevin’s application to gain access to confidential documents which she claim are highly relevant to her attempt to have her murder conviction declared a miscarriage of justice.
Garda O’Brien told the three judge appeal court today that a Garda file, known as a “Suspect Antecedent History Form” on William McClean was one of “around 25” forms created during the investigation into the murder of Tom Nevin.
The court heard it contained some “background” information on Mr McClean and his “drinking buddies” but was not an extensive document and had “no intelligence value”.
Lawyers for Nevin argue this document represents a “newly-discovered fact” and that its existence was only brought to their attention by a newspaper article, published eight years after their client was jailed for life.
It lists William McClean’s associates as members of illegal and paramilitary organisations, including the INLA and Provisional IRA. This material was not before the trial judge, a move which the appeal court was told “probably” amounted to “an oversight.
Mr McClean “emphatically” denied having any links with paramilitary organisations during the trial.
Nevin (aged 58) alleges that certain material will assist her in proving her murder conviction is unsafe by undermining the credibility of William McClean, Gerry Heapes and John Jones.
Their evidence formed “the lynch pin” for her being found guilty of murdering her husband Tom who was killed at their pub, Jack White’s Inn, Brittas Bay on March 19, 1996.
Nevin was also convicted of soliciting all three to kill her husband.
Mr Hugh Hartnett SC, for Nevin, said the State’s case against his client “depended almost entirely” on these three men and that without them there would no murder conviction. He argued that if one was “tainted”, it followed that all three could be considered as such.
Yesterday, the CCA, of Justice Adrian Hardiman presiding, sitting with Mr Justice Liam McKechnie and Mr Justice George Birmingham heard Mr McClean was “a cheque man” who was involved in fraud and had been “hanging around with other cheque men”.
Counsel for Nevin put it to Garda O’Brien that the document on Mr McClean contained a reference to a photograph of him “being with the SDU”.
However, the court was told this was not evidence that the Special Detective Unit had an extensive file on Mr McClean.
Detective O’Brien also told the court that a reference to Mr McClean’s home being “under surveillance” was a “very loose term” and that any monitoring may have been done because “he was involved in crime”.
The court heard Mr McClean had not been a suspect in Mr Nevin’s murder because he had “an iron cast alibi” for the night the man was shot dead at point blank range.
The three-judge appeals court also heard from Philip Tobin, a former manager of the Dublin nightclub where Brian Capper, an associate of Mr Heapes, worked as security.
He told the court Mr Brian Capper asked him to provide him with an alibi on the night Tom Nevin was murdered.
Mr Tobin said that he was unable to do so because he had already told Gardai that Mr Capper was not with him that night.
Under cross-examination from Mr O’Connell, for the State, Mr Tobin denied he had “kept his powder dry for 12 years” on the matter. He said at the time of Ms Nevin’s trial he was “convinced” the jury had made the “right” decision.
Yesterday, the court rejected an application from Nevin’s lawyers requiring it to exercise it powers to order the production of documents or to compel witnesses to give evidence.
Mr Justice Adrian Hardiman said both sides had had “ample” time to subpoena “anyone” and rejected suggestions that a “problem of resources” and “an unmanageable number of documents” could prevent the case from moving forward.
Mr Hugh Hartnett said he wished to bring journalist Niamh O’Connor, author of the 1998 article, before the CCA.
He said he also wished to call an Assistant Secretary at the office of the Taoiseach, in relation to documents sought in connection to the 1974 Dublin and Monaghan Bombings, and a member of the gardaí.
The hearing, which was scheduled to last two days, will resume for a third day tomorrow morning when it is hoped these witnesses can take the stand.
The court said it was "very much" its desire to finish with the hearing at that stage.
