December 02, 2005

Conviction of nun for rape a miscarriage of justice

IRELAND
Irish Independent

Ann O Loughlin

FORMER nun Nora Wall, who was wrongfully convicted of raping a 10-year old girl, was the victim of a miscarriage of justice.

The Court of Criminal Appeal yesterday certified that there had been a miscarriage of justice in the case of Ms Wall, formerly Sr Dominic, who was sentenced to life imprisonment six years ago.

Mr Justice Nicky Kearns, presiding, after hearing the four-hour-long application, said the three-judge court believed Ms Wall "should not have to wait a moment longer than necessary" to hear the court's decision.

Crucial

The judge said newly discovered facts in the case included a crucial trial witness, Ms Patricia Phelan, who admitted to gardai and another nun that she had lied about having witnessed Ms Wall hold down a young girl while a man raped her.

Immediately after the court's decision, Ms Wall, with her hand outstretched, approached Ms Phelan. A tearful Ms Phelan threw her arms around Ms Wall and hugged her.

Earlier the court heard that the DPP accepted that, had he been aware, prior to the arrest and prosecution in the late 1990s of Ms Wall and the late Paul (Pablo) McCabe, of significant information which had since come to light, the prosecution could and would never have been brought.

Posted by kshaw at December 2, 2005 08:38 AM