Catherine Nevin, who is serving a life sentence for murdering her husband, wants to go ahead with her appeal against her conviction even if her application for free legal aid from the State has not been resolved, the Court of Criminal Appeal was told yesterday.
Mr Garret Sheehan, Nevin's solicitor, told the three-judge court that substantial grounds of appeal had been lodged and he was anxious for an early date for the appeal hearing.
He hoped it could take place in June or July. The court listed the case for mention in the list to fix dates on April 2nd.
Nevin was jailed for life on April 11th last for murdering Mr Thomas Nevin at their pub, Jack White's Inn near Brittas Bay, in Co Wicklow on March 19th, 1996.
The application for free legal aid had been put back last month to allow time to find out whether Nevin is entitled to any proceeds from the sale of her husband's estate. The application in relation to her entitlement to any proceeds from her husband's estate is before the High Court and may take time to resolve.
Mr Nevin's family already have a caveat on the estate, which essentially freezes its distribution pending the outcome of a civil action. The pub, which was jointly owned by Thomas and Catherine Nevin, was sold by Nevin in November 1997 for £620,000.
Mr Nevin's mother, Mrs Nora Nevin, has since died. She initiated proceedings in 1998 claiming to have an interest in the premises. She also sought declarations, including one that Catherine Nevin was not entitled to any share in the pub. Nevin is expected to claim a share in the proceeds of Mr Nevin's estate but her conviction has brought such a claim into question. Whether or not she succeeds in getting a share of the proceeds would be taken into account in her legal aid application.
Yesterday Mr Sheehan said they were most anxious that the appeal would not be delayed by reason of the legal aid application.
He did not want to hold up the fixing of an appeal date and they were prepared to go on with the appeal even if the legal aid application issue had not been resolved.
Asked when he envisaged the appeal hearing might take place, Mr Sheehan said they hoped it might be possible in June or July. The hearing might take two days.
Mr Justice Fennelly, presiding, and sitting with Mr Justice Lavan and Mr Justice O Caoimh, adjourned the case to the next court list to fix dates on April 2nd. He also directed that transcripts of the trial should be made available to Nevin's lawyers.
The court also decided that an application on behalf of Nevin - relating to a claim that there was a failure by the State to make proper and adequate disclosure of a piece of evidence which had been in the possession of the Revenue Commissioners - could be dealt with at a later date.