Nevin appeal adjourned
Catherine Nevin's bid to have her conviction declared a miscarriage of justice has been adjourned to allow the DPP more time to assess files which had been requested by the 55-year-old, convicted murderer's legal team.
Ms Nevin has initiated proceedings in which she is arguing that material not given to her lawyers at the time of her trial contained information casting doubt on the credibility and motivation of key prosecution witnesses in the case.
As part of her bid, Ms Nevin's legal team have made an application for an order that the State disclose to her lawyers all material and documents relating to her case.
Mrs Nevin's lawyers contend that documents, including material on the Dublin Monaghan bombing and garda security files on witnesses Gerry Heapes, John Jones and William McClean, are relevant and would assist her in undermining the credibility of the three men and potentially that of another State witness, Patrick Russell.
At the Court of Criminal Appeal today, Mr Justice Adrian Hardiman was told by Mr Tony McGillicuddy, BL for the DPP, that an adjournment was being sought to allow the DPP finalise his position in relation to the material being sought.
The court heard that the DPP was still going through these files, many of which were described as being old.
Ms Nevin's solicitor Ms Anne Fitzgibbon consented to the adjournment. In agreeing to the request Mr Justice Hardiman put the matter back to a case management list in June.
The material, the defence says, includes security files indicating that Mr McClean was a suspect in the Dublin/Monaghan bombings of 1974.
Ms Nevin claims Mr McClean had during the trial denied he had any paramilitary connections but that Garda Special Branch files going back to 1974 would have an effect on his credibility in that regard.
Ms Nevin is also alleging a failure to disclose material relating to her husband and to Jack White's Inn.
She claims the material includes security files indicating that the pub was on a list of pubs with suspected IRA connections.
It is understood Ms Nevin will argue that any such material would indicate an alternative motive for killing Mr Nevin.
An appeal against her conviction was dismissed in 2003 by the Court of Criminal Appeal but Ms Nevin has now brought proceedings under the Criminal Procedure Act 1993 to have her case declared a miscarriage of justice.
Ms Nevin (aged 55) was convicted after a 42-day trial in April 2000 of the murder of her husband Tom at their pub, Jack White's Inn, Brittas Bay, on March 19, 1996.
She was also convicted on three counts of soliciting three different men to kill her husband in 1989 and 1990, six years before his murder.
She is serving a life sentence on the murder charge and a total of seven years on the soliciting charges.
