Catherine and Friends by Pat Flynn

Author:Pat Flynn [Pat Flynn]
Language: eng
Format: epub
ISBN: 9781909718654
Publisher: Liberties Press
Published: 2014-03-14T16:00:00+00:00

24

THE DIRECTOR OF PUBLIC PROSECUTIONS

Finally, in the second week of April 1997, a little more than a year after the murder was committed, the DPP’s directions were received: ‘Prosecute Catherine Nevin, on one count of murdering her husband Tom Nevin, and three separate counts of soliciting his murder.’

There was unrestrained joy at this development, which was an acknowledgement of all the long hours, days and months the investigation team had put in. However, the joy was tempered to some extent by the knowledge that this was only the first obstacle cleared.

Catherine’s movements on 14 April 1997 were closely monitored, as it had been decided to arrest and charge her on that date. Detective Sergeant O’Brien and Detective Pat Mulcahy were chosen for this task. Catherine, when driving through Ballybough, Dublin, was stopped by O’Brien, who informed her that she was being arrested for the murder of, and for soliciting the murder of, her husband Tom Nevin. She made no reply, but looked incredulously at him. The person she had reposed such respect and confidence in was now arresting her. For the first time since the murder, she seemed to display a sense of shock at this unexpected development. Maybe the realisation hit her that her meticulously and deviously conceived plan to murder her husband was not as perfect as she had believed.

I was also present as Catherine was placed into the garda car to be taken to the Bridewell Garda Station for charging, and I felt an enormous sense of achievement. What had been unearthed in the course of the investigation was mostly circumstantial evidence. That alone would be insufficient, if it was not added to significantly by other evidence. Most importantly, three men whom Catherine had propositioned to murder her husband had made written statements to the Gardaí and were prepared to give evidence at the trial.

Generally speaking, circumstantial evidence may be included under the headings of motive, preparation, opportunity and subsequent conduct. In a case of murder, for example, each of the following would be circumstantial evidence: the fact that the accused bore ill will against the deceased; the procurement of a weapon before the crime was committed; being seen in the vicinity shortly before or after the crime; hiding the instrument with which the crime was committed; possession of stolen property; absconding; and so on. The Court of Criminal Appeal has decided that there may be a combination of circumstances, no one of which would raise a reasonable conviction, or more than mere suspicion, but which, taken together, may create a conclusion of certain guilt.

Catherine was remanded in custody but a few days later was granted bail in the High Court. Not surprisingly, media interest was at fever pitch, and coverage of developments was intense. The country was enthralled with the latest developments.

An early hearing was never a runner: all the higher courts have huge waiting lists, in particular the Central Criminal Court. The case was listed to commence on 12 January 2000. The presiding judge would be Ms Mella Carroll: her father was a past commissioner of An Garda Síochána.

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