Nevin case adjourned
Catherine Nevin's application to be provided with documentation that she claims hugely relevant in her action to have her conviction for the murder of her husband declared a miscarriage of justice has been adjourned following the DPP's request to have certain documents in the State's possession ruled as privileged.
Today Tom O'Connell SC for the State said that it was the State's argument that these documents, which have not been seen by Ms Nevins' legal team, should be deemed privileged for public interest reasons.
In adjourning the case the court said that it wanted the DPP to file an affidavit outlining in general terms why these documents should be considered privileged.
The Court of Criminal Appeal comprised of Mr Justice Adrian Hardiman presiding, sitting with Mr Justice Liam McKechnie and Mr Justice George Birmingham adjourned the matter.
The court did not give a date when it would resume hearing the application, however Mr Justice Hardiman said that he would endeavor to ensure that it would recommence as soon as possible.
Ms Nevin, who attended the hearing, is seeking an order requiring the DPP to answer questions as to whether three witnesses at her trial - William McClean, Gerard Heapes and John Jones - were ever State informers, and whether Mr McClean had paramilitary connections.
She also wants the DPP to hand over a range of material and documents which she claims is relevant to her claim of a miscarriage of justice.
She contends the documents sought, including material on the Dublin and Monaghan bombings of 1974 and garda security files on the three men, are relevant and will assist her in undermining the three men's credibility.
The court also heard that Mr Nevins's lawyers intend to apply to the CCA to have a journalist called in order to give information in relation to an article which it is argued contains references to documents which it is claimed are relevant to the case.
The DPP has opposed handing over the material and contends the issues raised were already considered at Ms Nevin's trial at the Central Criminal Court and during her appeal.
Ms Nevin (aged 55) was found guilty after a 42-day trial in April 2000 of the murder of her husband 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, Heapes, McClean and John Jones 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 concurrent seven-year term on the soliciting charges. Nevin's appeal against her conviction was dismissed in 2003 by the CCA.
