DPP opposes handing over files to Nevin lawyers

The DPP is opposed to handing over files relating to the Dublin Monaghan bombings being sought by convicted murderer Catherine Nevin in her bid to have her conviction declared a miscarriage of justice.

Ms Nevin has initiated proceedings before the Court of Criminal Appeal 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.

In a motion to the court, Ms Nevin's lawyers are seeking an order that the DPP disclose all material and documents relating to her case.

Ms 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.

She claims the documents may also potentially undermine the credibility of another State witness, Patrick Russell.

At the CCA today, Mr Justice Adrian Hardiman was told that the DPP is opposing the motion to handing over the material requested by Ms Nevin's lawyers.

The judge adjourned the matter to a date later next month to allow both sides exchange affidavits on the discovery motion.

The material sought includes what the Nevin side describes as security files indicating that Mr McClean was a suspect in the Dublin/Monaghan bombings of 1974.

Ms Nevin claims Mr McClean had denied during the trial he had any paramilitary connections, but that a Garda Special Branch file 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 CCA but Ms Nevin has now brought proceedings under the Crime 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.