The Court of Criminal Appeal (CCA) has fixed December 1st for the hearing of an application by a former nun, Nora Wall, for a certificate declaring a miscarriage of justice arising from her quashed conviction for rape.
The DPP has already told the appeal court he will not be contesting the application. However, the court will still have to decide whether a certificate should be granted. If Ms Wall secures a certificate declaring a miscarriage of justice, this will entitle her to pursue a claim for damages against the State.
In November 1999, the DPP accepted "fully and ungrudgingly" that Ms Wall and Paul "Pablo" McCabe were entitled to be presumed innocent of all charges brought against them. The court was also told on that occasion that the DPP regretted "the errors which occurred in relation to the handling of this case by the prosecution".
The court had quashed the convictions of both Ms Wall and Mr McCabe in July 1999, following a number of errors in their trial in June 1999.
Both were convicted of the rape of a 12-year-old girl in St Michael's Child Care Centre, Co Waterford in 1990. Mr McCabe, a homeless man, had been arrested in October 1996 and charged with the rape of the girl. Ms Wall, formerly Sr Dominic, was also charged. Both denied the charges. Ms Wall was sentenced to life imprisonment and Mr McCabe was jailed for 12 years.
A notice of appeal was immediately lodged, citing grounds including an interview the alleged victim and her friend, a corroborative witness, had given to the Star newspaper. In this, the alleged victim said she had been raped in England. Ms Wall and Mr McCabe were released on bail. Mr McCabe has since died.
When the appeal came before the CCA in July 1999, the DPP did not oppose it. In November 1999, the DPP announced he would not be seeking a retrial.