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 principal investigating officer in the case has told the Court of Criminal Appeal.
Det Sgt Fergus O’Brien, Wicklow Garda station, was giving evidence yesterday on the second day of Nevin’s application to gain access to confidential documents which she claims are relevant to her attempt to have her murder conviction 10 years ago declared a miscarriage of justice.
Sgt O’Brien told the three-judge appeal court 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 it 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 Mr 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”.
Nevin (58) alleges that certain material will assist her in proving her murder conviction is unsafe by undermining the credibility of Mr McClean, Gerry Heapes and John Jones. Their evidence formed “the linchpin” for her being found guilty of murdering her husband at their pub, Jack White’s Inn, in Brittas Bay, Co Wicklow, on March 19th, 1996.
Nevin was also convicted of soliciting all three to kill her husband.
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 be no murder conviction. He argued that if one was “tainted”, it followed that all three could be considered as such.
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 he was shot dead at point-blank range.
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 Hartnett said he wished to bring journalist Niamh O’Connor, author of the newspaper article, before the appeal court.
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 Garda.
The hearing, which was scheduled to last two days, will resume for a third day this morning.
