Miscarriage of justice cert not to be contested

It is believed the Director of Public Prosecutions will not contest an application by a former nun, Ms Nora Wall, for a certificate declaring a miscarriage of justice arising from her quashed conviction on a charge of rape.

The application was due to be heard by the Court of Criminal Appeal this year.

A certificate declaring a miscarriage of justice entitles Ms Wall to pursue a claim for damages against the State.

When the matter was mentioned to the Court of Criminal Appeal last November, Mr Noel Whelan, for the DPP, said the DPP would be filing an affidavit.

However, no indication was then given as to what attitude the DPP was adopting towards Ms Wall's application.

Mr Luan Ó Braonain, for Ms Wall, said there may be a request for disclosure by his client, but his side wished to see the DPP's affidavit prior to that.

The application for a certificate declaring a miscarriage of justice arises following the decision of the DPP in November 1999 to accept "fully and ungrudgingly" that Ms Wall and Mr Paul "Pablo" McCabe were entitled to be presumed innocent of all charges against them. The appeal court had quashed the convictions of both in July 1999 following a number of errors in their trial in June 1999.

Both had been convicted of the rape of a 12-year-old girl in St Michael's child care centre in Waterford in 1990.

Mr McCabe was arrested in October 1996, and charged with the rape. Ms Wall, formerly Sister Dominic, was also charged. Both denied the charges. Ms Wall was sentenced to life, and Mr McCabe was jailed for 12 years.

A notice of appeal was immediately lodged citing several grounds, including an interview which the alleged victim and her friend had given to the Star newspaper in which the alleged victim said she had been raped in England. Ms Wall and Mr McCabe were also released on bail.

When the appeal came before the appeal court in July 1999, the DPP did not oppose the appeal, but the issue of whether there would be a retrial was adjourned. In November 1999, the DPP announced he would not be seeking a retrial, and "fully and ungrudgingly" accepted that both appellants were entitled to be presumed innocent of all charges.