Former nun Ms Nora Wall and Mr Paul McCabe have had their convictions for rape quashed by the Court of Criminal Appeal. They were later released on bail pending a decision by the court on whether to order a new trial.
Ms Wall and Mr McCabe were in court to hear the decisions. This followed an application by the Director of Public Prosecutions to have the verdicts set aside.
Both defendants had been convicted last week of the rape of a 10-year-old girl in the care of the Sisters of Mercy children's home in Cappoquin, Co Waterford, on a date in 1987 or 1988.
Ms Wall was given a life sentence for the rape last Friday and Mr McCabe a 12-year term for the same offence.
Yesterday, both were freed on their own sureties pending consideration by the court of the issue of whether to order a new trial. Dates will be fixed for hearing of that matter on November 1st. Mr Denis Vaughan Buckley SC, for the State, told the three judges he had been instructed by the Director of Public Prosecutions to consent to the court's allowing an appeal against conviction.
Mr Vaughan Buckley told Mr Justice Barron, with Mr Justice Patrick Smith and Mr Justice Kearns, the "principal reason" the DPP was doing so was that a witness had been called to give evidence in the six-day trial despite a decision by the DPP that that witness should not be called.
Two other significant factors had influenced the DPP's decision. The first was a complaint of rape made in England by the prosecutrix which was subsequently not pursued.
"The prosecution considers that whatever the significance of this information, it could not properly argue that it was not relevant," he said.
Mr Vaughan Buckley indicated the prosecution had only learned of the allegation when it was raised before sentencing by defence counsel, Mr Hugh Hartnett SC.
There was another factor relating to the prosecutrix which might also be considered relevant and of which the defence was also unaware, he said.
The nature of this factor was not disclosed in open court but Mr Vaughan Buckley indicated the defence had now been made aware of its import.
Mr Hartnett had last week raised the issue of an interview with the complainant in the Star newspaper in which she claimed to have been raped by "a black man" in Leicester Square in London.
After an adjournment to consider their course of action in the "very unusual circumstances", the judges returned with a ruling quashing both convictions and granting the two defendants bail.
Ms Wall was released on her own surety of £100 with the proviso that she sign on each Wednesday at Waterford Garda station.
Mr McCabe, freed on his own surety of £200, must report daily to Blackrock Garda station.
Yesterday's hearing before a packed court took 20 minutes to reverse the effects of the trial.