LAWYERS FOR Catherine Nevin have won access to Garda files which they claim discredit the evidence of two key prosecution witnesses at her murder trial.
The Court of Criminal Appeal yesterday granted Nevin’s legal team access to two Garda documents known as “suspect antecedent” forms relating to witnesses Gerry Heapes and John Jones.
Nevin’s legal team argued that the documents were crucial to their client’s attempt to have her conviction declared a miscarriage of justice.
Hugh Harnett SC for Nevin said the files showed Mr Heapes and Mr Jones were both suspects in the Tom Nevin murder investigation and therefore had “every reason to collude together” and lie about their involvement in the case.
He said the original murder conviction depended almost entirely on the evidence of the three men. If one of the three men was found to lack credibility, then this would cause the entire “case to tumble”.
The lack of access to these documents meant Nevin’s defence team was unable to use them to cross-examine the witnesses or open a new line of inquiry, Mr Harnett added.
Nevin was convicted just over 10 years ago of murdering her husband Tom at their pub, Jack White’s Inn, near Brittas Bay in 1996. Nevin was also convicted of soliciting Mr Heapes, Mr Jones and another man, William McClean, to kill her husband.
The court yesterday adjourned its decision in the case. Mr Justice Adrian Hardiman said it was not possible to “formulate a coherent judgment” at this stage and hoped to deliver its decision on the matter soon.
Lawyers for the Director of Public Prosecutions (DPP) said there were a total of 106 separate suspect antecedent forms drawn up in relation to the murder case.
Tom O’Connell SC for the DPP said the number of forms supported evidence presented by gardaí in an earlier sitting of the court, that the forms were drawn up regarding “persons of interest”, rather than suspects.
The information contained in the forms was obtained by “ringing around” and was largely “hearsay” evidence.
In relation to a suspect antecedent form drawn up on William McClean, for instance, Mr O’Connell said the evidence that he was not a suspect in the case was clear from the fact that he was never arrested.
The three-judge court, with Mr Justice Hardiman presiding, along with Mr Justice Liam McKechnie and Mr Justice George Birmingham, ruled that two Garda forms should be made available to lawyers representing Nevin.
Mr Justice Hardiman said it was “unfortunate” that these documents had only just come to light, given that the court last discussed these matters several months ago.
The decision to release the document was being taken due to the “very strong” statements over the nature and value of the documents, Mr Hardiman said.
Nevin’s legal team said further evidence relating to William McClean undermined his credibility as a witness.
It said a suspect antecedent form showed he had connections with members of paramilitary organisations.
This was despite Mr McClean’s repeated assertions in the murder trial that he did not have any connection with paramilitaries.
