Friday 24 October 2014

Judge in Nevin civil case steps aside

Aodhan O'Faolain

Published 30/11/2012 | 05:00

A HIGH Court judge has excluded himself from ruling on an application to deem that evidence from Catherine Nevin's murder trial can be used as part of a civil action.

It is aimed at stopping her from inheriting any of her late husband's estate.

Mr Justice Roderick Murphy has heard, and reserved judgment on, an application brought by siblings of the late Tom Nevin for a ruling that evidence at Nevin's trial, and her conviction, are admissible as part of their action to fully disinherit her as well as for damages over his wrongful death.

Nevin (61), who has always denied she had any involvement in the murder, disputes their claim.

Yesterday, the convicted killer's lawyers said that following discussion with their client it was her wish that the judge exclude or "recuse" himself from the action because he was a member of the Court of Criminal Appeal which heard and determined an aspect of her appeal against her conviction.

Mr Justice Murphy said he could not remember dealing with the case in 2001, but was prepared to recuse himself. The judge had hoped to rule on the matter in the early New Year. As a result of his decision, the application will now have to be re-heard by a different judge.

An application to have her appeal referred to the Supreme Court on a point of exceptional public importance is pending before the CCA.

Irish Independent

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