Phone charge ‘moot’ if Nevin ap­peal suc­ceeds

COURT AC­CUSED OF HAV­ING MO­BILE PHONE IN DOCHAS PRISON

Bray People - - News -

THE le­gal team for ‘ Black Widow’ Cather­ine Nevin are claim­ing that a prose­cu­tion against her for the il­le­gal pos­ses­sion of a mo­bile phone in prison would be ‘ moot’ if an ap­peal against a con­vic­tion for mur­der­ing her hus­band Tom is suc­cess­ful.

On Wed­nes­day she reap­peared be­fore Dublin District Court where she faces a mo­bile phone pos­ses­sion charge which could see her fined up to € 10,000 or re­sult in her life sen­tence ex­tended by an ad­di­tional five years.

Her so­lic­i­tor, Ann Fitzgib­bon, sought an ad­journ­ment un­til a Court of Crim­i­nal Ap­peal against her mur­der con­vic­tion was heard first.

While seek­ing the ad­journ­ment, Ms Fitzgib­bon claimed that any prose­cu­tion for the mo­bile phone would be ‘ moot’ if the mur­der ap­peal proved suc­cess­ful.

The Of­fice of Pub­lic Prose­cu­tion also sought a a sep­a­rate ad­journ­ment to fa­cil­i­tate com­pli­ance with or­ders for dis­cov- ery made at Nevin’s first court ap­pear­ance two weeks ago.

She is charged with the pos­ses­sion of a mo­bile phone without per­mis­sion at Dochas, the women’s prison at Moun­tjoy. She has yet to en­ter a plea.

Judge William Early ad­journed the mat­ter to Bridewell District Court on Jan­uary 21. Her ap­peal will be heard two days prior to that, Jan­uary 19.

An ap­pli­ca­tion for an or­der made on her be­half re­quires the DPP to an­swer whether three wit­nesses at her trial - William McClean, John Jones or Ger­ard Heapes - were ever state in­form­ers or if Mr. McClean had para­mil­i­tary con­nec­tions.

The doc­u­ments be­ing sought in­clude ma­te­rial on the Dublin and Mon­aghan bomb­ings. The ap­peal is ex­pected to take a day and a half.

Nevin was con­victed of her husbands mur­der at Jack Whites in April 2000 af­ter one of the most sen­sa­tional cases the state has ever heard.

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