Date set for ex-nun's miscarriage of justice case

The Court of Criminal Appeal has fixed a date for hearing an application by a former nun seeking a declaration of a miscarriage…

The Court of Criminal Appeal has fixed a date for hearing an application by a former nun seeking a declaration of a miscarriage of justice arising from her quashed rape conviction.

The DPP has already told the appeal court he will not be contesting the application by Nora Wall. However, the CCA will still have to decide whether a certificate should be granted at the hearing on December 1 st.

If Ms Wall secures a certificate declaring a miscarriage of justice, this will entitle her to pursue a claim for damages against the State.

In November 1999, the DPP accepted "fully and ungrudgingly" that Ms Wall and Paul "Pablo" McCabe were entitled to be presumed innocent of all charges brought against them.

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The CCA was also told on that occasion that the DPP very much regretted "the errors which occurred in relation to the handling of this case by the prosecution".

The CCA had quashed the convictions of both Ms Wall and Mr McCabe in July 1999 folowing a number of errors in their trial in June 1999.

At the close of that trial, both were convicted of the rape of a 12-year-old girl in St Michael's Child Care Centre in Waterford in 1990.

Mr McCabe, a homeless man, was arrested in October 1996 and charged with the rape of the girl. Ms Wall, formerly Sister Dominic, was also charged. Both denied the charges.

Ms Wall was sentenced to life imprisonment and Mr McCabe was jailed for 12 years.

A notice of appeal was immediately lodged citing several grounds.

Ms Wall and Mr McCabe were released on bail. Mr McCabe has since died. When the appeal came before the CCA in July 1999, the DPP did not oppose it but the issue of whether there would be a re-trial was adjourned. In November 1999, the DPP announced he would not be seeking a re-trial.