Nevin court appeal adjourned

The hearing of part of convicted murderer Catherine Nevin's bid to have her conviction for the murder of her husband Tom declared a miscarriage of justice due to take place next week has been adjourned following a request from her legal team.

In granting the adjournment at the Court of Criminal Appeal today, Mr Justice Adrian Hardiman warned that he was "not prepared to let the matter drag on".

The CCA was due to hear Nevin's application for an order requiring the DPP to answer the question whether three witnesses at her trial William McClean, Gerard Heapes and John Jones were ever State informers, and whether Mr McClean had paramilitary connections on Monday.

The case will be mentioned before the courts again later this month, however it is now likely that the matter will not go ahead until toward the end of March next.

Yesterday, Counsel for Nevin Hugh Harnett SC asked Mr Justice Adrian Hardiman to adjourn the hearing because they were not ready to proceed due to certain difficulties.

Counsel told the court that in light of those problems it would be unfair to his client to go ahead with the case.

Counsel told the court that Ms Nevin's legal team now wished to reconsider and re-constitute the matter. Counsel said that efforts would be made to have everything done in as short a time as possible.

Mr Tom O'Connell SC for the State said that he had no objection to an adjournment.

In granting the adjournment the Judge, noting that these proceedings have been before the CCA for some time, said that it was "deplorable" that "after so long" the action "was not ready to proceed".

However, because the state had no objection he was prepared to adjourn the matter.

The Judge said that difficulties with the case had been mentioned to Nevin's Solicitor Anne Fitzgibbon four months ago. Mr Justice Hardiman warned that he was "not prepared to let the matter drag on".

In her action, Nevin is seeking an order that the DPP disclose a range of material and documents which she claims is relevant to her claim of a miscarriage of justice.

It is contended 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.

Nevin also claims the documents may potentially undermine the credibility of another State witness at her trial, Patrick Russell.

The DPP has opposing handing over the material and contends the issues raised were already considered at Nevins' trial at the Central Criminal Court and during her appeal.

Catherine Nevin (aged 55) was found guilty 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 concurrent seven year term on the soliciting charges. Nevin's appeal against her conviction was dismissed in 2003 by the CCA.