The superintendent who led the investigation into Mr Tom Nevin's murder has told the O Buachalla inquiry he was very unhappy with the granting of a licence to Catherine Nevin.
When the hearing resumed yesterday, Supt Pat Flynn said he was uneasy that the order which led to the renewal of the licence was made during a private hearing in Judge Donnchadh O Buachalla's chambers. Judge O Buachalla signed an order to the Revenue Commissioners to have the licence issued in Catherine Nevin's name. "I never encountered a similar type of application, judge, nor had I heard of one," Supt Flynn said.
He believed that the application should have been an "ad interim" application and that the order should have been made in open court and the Garda notified.
Supt Flynn told the O Buachalla inquiry, chaired by Mr Justice Murphy, that he was on holidays when the meeting in Judge O Buachalla's chambers was held on September 29th, 1997. His colleague Insp Peter Finn was at the meeting and expressed his concern about the process to Supt Flynn. Insp Finn then drew up a report and gave it to Supt Flynn. He in turn submitted a report to the law office and Garda Headquarters on November 16th.
On November 17th, 1997, three more ancillary applications were made on licensing for Jack White's Inn. Asked why he did not put forward his concerns when the applications were made, Supt Flynn said: "My beliefs were totally irrelevant" when it came to these court applications. However, he pointed out that he had objected to an early openings application and this was refused.
Supt Flynn was also questioned on the leaking of his internal Garda report to Mr Tom Brady, security correspondent for the Irish Independent. An article published on April 14th last referred to details contained in the internal Garda reports of Supt Flynn and Insp Finn.
Supt Flynn said he knew nothing about the article and had not seen it until Mr John Rogers SC, for Judge O Buachalla, showed it to him. Mr Rogers put it to Supt Flynn that the article had "completely undermined" Judge O Buachalla and "was highly damaging" to him. "I don't know, possibly it is. That is not a matter for me to decide," he replied.
Earlier, a retired District Court clerk, Mr Andrew Cullen, said he had initially been "dubious" and "perturbed" when he thought Judge O Buachalla wanted him to sign a certificate of transfer for the Jack White's licence. But his fears were allayed when he concluded it was an application for an order to satisfy the Customs & Excise Authority, and he would not have to stand over it.
Ms Etain Croasdell, solicitor for the Revenue Commissioners, said she took the view that there should be a court transfer, in order to issue a licence in the sole name of Catherine Nevin. She referred to a section in an 1833 Act which said it was lawful to grant a licence to the "same persons" who were licensed in the previous year. She said she took the view that the "same persons" meant Catherine and Tom Nevin and so the licence could not be renewed without a court transfer.
When Ms Croasdell received a fax of the draft order which Judge O Buachalla intended to make, she said the wording was acceptable for the Revenue Commissioners to issue the licence.
The inquiry continues today.
