A final legal bid aimed at quashing the conviction of Catherine Nevin for the murder of her husband was rejected by the Court of Criminal Appeal yesterday.
The three judge court, which earlier this year dismissed Ms Nevin's appeal against her conviction, dismissed an application by Mr Patrick MacEntee SC, for Nevin, to bring the case to the Supreme Court.
The 52-year-old widow had applied to the court for a certificate to have a number of questions relating to her trial taken to the Supreme Court. Certification, under Section 29 of the Criminal Justice Act, requires that the questions raised involve points of law of such exceptional public importance that it is desirable, in the public interest, that they should be determined by the Supreme Court.
One of the points raised by Ms Nevin was whether the Court of Criminal Appeal had been right in holding that there was a practice here that a trial judge had discretion to rule whether journalists had to answer questions about sources and, if it was found there was such a practice, whether it was lawful.
Another question related to whether it was a proper exercise of a judge's discretion to stop the defence seeking to establish the ranks and identities of gardaí who had disclosed information, which was capable of being prejudicial, to journalists.
A third question related to questions put by the trial judge to prospective jurors before they were sworn in.
The defence queried whether this was sufficient for a fair trial and for justice not only to be done but to be seen to be done.
A fourth point concerned the trial judge's address to the jury.
The defence claimed the judge should have given the jury guidelines on how to deal with the different counts. Rejecting the application, Mr Justice Geoghegan, sitting with Mr Justice Quirke and Mr Justice Peart , said the Court of Criminal Appeal was not prepared to certify any of those questions to go to the Supreme Court under Section 29.
On March 13th last, the court rejected an appeal by Mrs Nevin who was convicted in April, 2000, of the murder of her husband Tom at their pub, Jack White's Inn, near Brittas Bay, Co Wicklow, on March 19th, 1996.
She was also convicted on three counts of soliciting three different men to murder her husband in 1989 and 1990.
She is serving life imprisonment for murder and three seven-year sentences for soliciting.
Ms Nevin was not in court yesterday.
The refusal of her application will clear the way for High Court proceedings to decide if she is entitled to any proceeds of the estate of her late husband.
The pub was jointly owned by them but it was sold by Ms Nevin in late 1997 for £620,000.
Mr Nevin's late mother, Ms Nora Nevin, later brought proceedings challenging the pub sale and seeking a declaration that Catherine Nevin is not entitled to any share of the pub.