State to apply for retrial in child rape case

The State is expected later today to apply for a retrial of the former nun Nora Wall and Paul "Pablo" McCabe, who were convicted…

The State is expected later today to apply for a retrial of the former nun Nora Wall and Paul "Pablo" McCabe, who were convicted of the rape of a 10-year-old girl at St Michael's Child Care Centre in Cappoquin, Co Waterford. The former Mercy sister, known as Sister Dominic, was sentenced to life imprisonment on Friday for her part in the "gang rape". The move for a re-trial is expected before the Court of Criminal Appeal following confirmation that lawyers for Nora Wall are to make an application to have her convictions quashed.

At the conclusion of her trial, her counsel sought an adjournment on sentencing because of what he called a potential of miscarriage of justice in her case.

If the application by the DPP for a re-trial is successful both defendants may be freed on bail. Nora Wall was convicted after a seven-day trial last month at the Central Criminal Court in Dublin. The court heard evidence from the victim, Ms Regina Walsh, who described how she was twice raped in her bed by McCabe while the former nun held down her legs and ankles - he was sentenced to 12 years in jail. Sentencing them, Mr Justice Carney, noted the girl was in the care of the nun who was in charge at the centre from 1978 until 1990.

He added: "This was a gang rape. The leader of the gang was the only person in the world who was charged with the protection of Regina Walsh. I don't think I need to say more than that."

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During last Friday's hearing Wall's counsel, Mr Hugh Harnett SC, said there appeared to be a grave breach of non-disclosure of evidence by the State with regard to the victim and her corroborating victim. There had been a failure by the prosecution to disclose potentially significant evidence, while the defence had "stumbled" on the potential evidence in a newspaper interview.

In the interview, he said, Ms Walsh alleged she had been raped by another man in London. Also subsequent to the trial, one of Wall's brothers was approached by another man who said he had been the victim of a false allegation of sexual assault brought by a corroborative witness in the case.

A lawyer for the DPP, however, strenuously opposed the seeking of an adjournment for further inquiries. He did not accept there had not been full disclosure - Mr Justice Carney said he had no jurisdiction other than to give effect to the jury's verdict.

The Sisters of Mercy called for an independent inquiry.