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- Herausgeber: Liberties Press
- Kategorie: Sachliteratur, Reportagen, Biografien
- Sprache: Englisch
- Veröffentlichungsjahr: 2014
The trial and conviction of Catherine Nevin for her role in the murder of her husband Tom monopolized the attention of the country for weeks. It was the main topic of conversation in pubs, homes and workplaces as newspapers daily carried new and salacious details of the "Black Widow's" scheming, as well as images of her glamorous and expansive wardrobe, on their front pages. In the days before murders became a daily occurrence in Ireland, the allegations of contract killers, extra-marital affairs, fraud and involvement with Republican organisations seemed better suited to the big screen than a small town pub. Pat Flynn led the investigation against Catherine, a woman whom he had encountered several times before these events unfolded. He had witnessed her fabricate accusations of sexual abuse against his Garda colleagues while she continued to enthral his superior officers and Judge O'Buachalla. He describes how holes in her version of the events on the night of the murder were found, along with evidence of how she had been plotting for years to have her husband murdered.
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CATHERINEAND FRIENDS
PAT FLYNN
CONTENTS
1
THE PHONE CALL
It had been a good St Patrick’s weekend. I was the garda superintendent with responsibility for Gorey Garda District, County Wexford, and I was not on call that particular weekend. I was also looking forward to a holiday in Sicily, with my girlfriend. As I was getting into bed, I glanced at the alarm clock and telephone on the bedside locker. No need to set the alarm this time: a lie-in was very much on the cards. The telephone was a different kettle of fish: that would never be taken off the hook, day or night. I was awakened from a deep sleep by the sound of the phone ringing, and glanced apprehensively at the alarm clock, which indicated it was 4.45 AM. Past experience would suggest that this was trouble.
Garda Tony Ryan, of Arklow Garda Station, was on the phone. ‘Superintendent Flynn, you had better get up to Jack White’s straight away. Tom Nevin has been shot, and Catherine was tied up.’ Is he dead? I enquired. Yes, came the quick reply. My usual standard of dress, be it uniform or civilian attire (consisting of a neat suit or, alternatively, a sports jacket and slacks), seemed of little importance, so I slipped quickly into a white pullover and slacks, and set out from Gorey to Jack White’s pub, in Arklow, County Wicklow, a distance of seventeen miles.
En route to Jack White’s Inn, I tried to grasp the magnitude of Garda Ryan’s message – that a murder had been committed within the garda district for which I had responsibility. A murder, and its subsequent investigation, is not a welcome visitor to any garda superintendent, especially one in charge of a country district. With luck, a country garda superintendent might expect a murder-free tenure. I was not one of the lucky ones: this would be my third murder investigation in the space of a few years. Neither of the others had aroused such national, and even international, interest as did the murder of Tom Nevin. One was committed during a weekend motorcycle rally, and the other involved a domestic dispute in which a son was convicted of the murder of his father.
I instinctively knew that this investigation would be a minefield. Catherine Nevin, the wife of the murdered man, had crossed swords with many of the local Gardaí, and had made serious allegations against Gardaí Vincent Whelan and Michael Murphy. Not surprisingly, relations between Catherine and some Arklow-based Gardaí was little short of poisonous. However, the situation with regard to some high-ranking officers in An Garda Síochána was entirely different. She regarded some of those, especially former Inspector Tom Kennedy, as very good friends of hers.
When Catherine and Tom Nevin first took possession of Jack White’s Inn, relations between them and the local Gardaí could not have been better. It was known as a ‘Garda house’ – at least until Catherine threw a cat among the pigeons with her complaints. This was the situation I knew awaited me on 19 March 1996. Adding to Catherine’s distrust of the local Gardaí was her distrust of myself. She had unsuccessfully tried to get me on side with drink and meals (not to mention gifts of shellfish), but all to no avail.
There was a noticeable Garda presence and an ambulance outside Jack White’s pub when I arrived. Gardaí Martin McAndrew and Paul Cummiskey, who were the first Gardaí to arrive at the scene, met me on arrival. A quick look at the front exterior of the premises didn’t reveal any noticeable signs of a forced entry. I noticed that the front hall door was slightly ajar, and was informed by Garda McAndrew that it was in the same position then as when they had arrived at the scene. Perhaps entry, or indeed exit, by those responsible was via this door.
The sounds of a woman moaning were clearly audible. I entered and saw Catherine Nevin in a room just off the hall. Her attitude was certainly not what I had expected from a woman who had undergone an ordeal. First, she just stared at me with a contemptuous look. Aware of Catherine’s feelings towards me, there wasn’t any point in trying to engage her in conversation. I sympathised with her, and asked if I could be of any assistance. She continued to stare at me, and did not reply.
There was something surreal about Catherine’s behaviour, which had nothing to do with her obvious distrust of me. She was displaying no emotions or grief, and was certainly not in shock. Most strikingly, there was no visible indication that this was a woman who was shattered by the murder of her beloved husband. After some minutes, it was obvious that my presence was irritating rather than helping Catherine, so I left her in the company of Detective Joe Collins.
Another example of Catherine’s strange behaviour was her later request to be given a phone, as she wished to make an urgent phone call. She was not permitted to use any of the phones available on the premises until the technical examination had been completed. She shouted: ‘Get me a phone, get me a fucking phone, now, at once, do you understand?’ She was given a phone and made her call.
Gardaí McAndrews and Cummiskey described the scene when they arrived at 4.45 AM: Cummiskey noticed a light on in a window at the gable end of the pub – Catherine’s bedroom. A light was also on in the hallway. The front door leading into the hall was slightly open. The latch on this door was in the normal position, suggesting that if the door had been pulled, it would have closed.
Both Gardaí saw Catherine behind the hall door, sitting on the ground with her hands tied behind her back. She was wearing a purple-coloured silk nightshirt and white panties. In a low, barely audible voice, she said: ‘He came into the bedroom. He had a knife, and a hood over his head.’ Without any effort, McAndrew released a blue dressing-gown belt tied around Catherine’s wrists. Much more difficult to remove were coloured cloth headbands, also tied around her wrists. Cummiskey got a knife and cut the ties. He noticed red marks on her wrists when they were removed. There was also a nylon stocking hanging loosely around her neck, and this had been holding a pair of black panties that had been used as a gag.
Having made his way to Catherine’s bedroom, Cummiskey noticed that the main ceiling light was on. The phone on the bedside locker was off the hook and the receiver was on the ground. There was a glass containing what appeared to be spirits on the floor beside the bed. The bedroom was untidy, with items of clothing and books of varying descriptions scattered about. The room, according to the staff, always looked untidy. Outside on the landing was a black portable TV, resting against the banister.
At no stage when I was present did Catherine enquire from either Garda as to the whereabouts of Tom. This, I thought, was rather strange.
On entering the kitchen area, the Gardaí saw the body of Tom Nevin, lying on his back. It was then 4.50 AM and, having found no pulse, they presumed that Tom was dead – a fact later confirmed by Dr Nicholas Buggle of Arklow. They kept the scene intact for expert examination.
Anxious to elicit any useful information, Cummiskey resumed conversation with Catherine, and asked her if she could give a description of her attackers. She was adamant that there had been only one. Catherine told McAndrews: ‘The man that tied me up said “Where’s the jewellery?” several times.’
Having a clearer picture, I carried out a preliminary examination of the area, concentrating on the main building and outhouses. There was no evidence of a forced entry, as all windows and doors were intact. This was difficult for me to comprehend at that early stage. If there had been no forced entry, then the intruder (or intruders) would have to have been either concealed on the premises prior to the murder, or admitted by someone after the pub had been secured at closing time.
I visited the kitchen where Tom’s body was lying. Immediately of interest to me was the fact that Tom’s glasses were resting on his nose in the reading position, and a biro was clasped between the fingers of his right hand. He was lying on his back with his feet facing the door, and a stool was lying upturned beside his left leg. A pool of blood was visible under the body’s right side. He was wearing a dark blue jacket, dark grey slacks, and a multicoloured jumper.
On the counter close to where the body lay were cheques, receipt books and three metal tins from the floor safe. There was no evidence of a fight or struggle, and no signs of any disturbance or ransacking in or around the kitchen, bar or lounge – indeed anywhere in the entire ground-floor area. There were notes and coins – apparently untouched – in each of the three tills.
Catherine’s bedroom is a large room. The couple hadn’t slept in the same bedroom for years. The main centre light was on. Beside the bed, I saw a copy of the Sunday Independent. Prescription drugs in large quantities were noticeable on the bedside locker, and beside it was a half-full glass, containing what looked like wine. Opposite the entrance door was a chest of drawers. Three of the five drawers had been removed and were lying on the floor, with some of the contents disturbed.
Having entered Catherine’s bedroom – the only one the intruders had entered, it transpired – I was amazed at what I saw. Catherine had told the Gardaí on their arrival: ‘The robbers were looking for jewellery, and had threatened to kill her if they didn’t get it.’ If the intruders had attempted to give an impression that her room had been systematically and thoroughly searched, they failed miserably. The room was certainly untidy and unkept, but if the room had been gone over thoroughly by the intruders, it would have looked like a rubbish heap. I felt that if ever there was a contrived scene, this was it. There was a noticeable – perhaps too noticeable – presence of jewellery strewn around the landing, on the stairs, and in the lounge and bar. Also noticed in the lounge was a brown varnished jewellery box lying on the floor.
I kept asking myself: ‘Why commit murder in an intended act of robbery having as its objective jewellery, and then leave without it?’ There was no logic to it, other than the fact that the intruders were surprised – or, more likely, that Catherine did not want her jewellery taken in what she evidently hoped would be perceived as a botched robbery.
Detective Garda Joe Collins and Detective Garda Jim McCawl, of Arklow, were amongst the first Gardaí to arrive at the scene. They both spoke to Catherine on their arrival. Collins and Catherine, having previously enjoyed a good rapport, had a lengthy conversation. The brevity of the conversation between Catherine and Detective McCawl was due to the fact that if there was a member of An Garda Síochána that she disliked and distrusted more than me, it was McCawl.
They attempted to ascertain what had occurred earlier that morning. The interview lasted from 5.55 AM to 8 AM. Detective McCawl was present until 6.20 AM. Arising from this interview, the first taken and recorded in writing, were many interesting issues. To quote Catherine’s account of events from Joe Collins’s notes:
Did the cash and went to bed about 12.30 AM. Put pillow over head. One man with a knife. He’d something woolly on his head and face, was looking for jewellery. Someone shouted and I heard a noise like a saucepan falling.
There was another fellow throwing things around. He tied my hands and put something on my feet and mouth. Got feet loose and came downstairs and pressed panic button. Tom did lodgement. Busy weekend, the amount is in the books. Is the money taken. He kept saying where is the jewellery. I told him it was in the press. I don’t know if he took it all.
We have a gun. Tom has it hidden in the store, bought it from Tommy Godkin. I don’t know what time it happened. Tom’s mother is very old, I want to see him. Is he really dead? Two cars drove off. He told me he was going to kill me. More local accent, not Dublin accent.
Girls went to disco in bus.
Tied feet and hands with I don’t know what, it took only a couple of minutes, he just tied me up so quick. I didn’t see anybody except the fellow that tied me up. He woke me out of my sleep. I don’t know how long I was asleep when he woke me up.
I want to see Tom before I go to hospital. He’s not dead I know he’s not. I pressed panic button when I got my legs free; it’s at the front door.
The front door was open when I came downstairs, I tried to catch my nails in it to open it, but I couldn’t, it wasn’t fully open just barely.
Tom went to the bank on Friday. I went to Dr Pippet that day. Did you see him, did he suffer? Why did they do it if they got the money? I don’t know how much cash there was, I only did the day’s take.
None of the staff stay late on a Sunday night on bank holiday weekends, they don’t go out on a Sunday night, they go out on the Monday night instead and they don’t come back to stay.
The man in the bedroom had a knife; he said, “Where is the fucking jewellery?” He held my head down on the pillow, then I heard a loud noise like a big saucepan dropping. I let Dominic [Sergeant Dominic McElligott, Avoca] out, he was the last out. Tom drove Johnny Brennan home and the only other person left was Dominic McElligot.
I did tills last night, put money in the canisters and put them in the safe in the ground, the round one. I didn’t make up the lodgement. Tom always does that, he doesn’t like anybody else doing it. Tom did the lodgement last night in the kitchen.
I was tied up for a long time. My ankles were tied to my hands for a long time. I got the legs free. I got the receiver off the phone and tried to dial 999.
All my jewellery in case. Tom may have had some in the safe downstairs. I told the ones that the jewellery was in the press in the room. Someone shouted downstairs when I heard the loud bang like a saucepan falling.
Tom came back after a short time and Dominic left. I let him out. I went to bed when Dominic left. I was in bed by half twelve.
I hid our gun in the bedroom but Tom brought it downstairs as he thought it too dangerous. I have cartridges in my bedroom and Tom has some. It’s up in the rafters in the store. I am the licence holder.
Tom never has less than £500 in his wallet. He [the intruder] seemed big, aggressive; I thought he was going to kill me. He put something to my back; I just saw a blade, a small blade. He never looked for money. About £400 in my handbag, everything in the safe. Tom was followed on several occasions on returning from Dublin.
The significance and importance of the notes taken during this interview cannot be overstated. As the investigation progressed, many of Catherine’s utterances would come to be seen as bare-faced lies. When recounting events later to other people, she would contradict her version of events as given that morning.
Detective Collins and Detective Sergeant Fergus O’Brien, of Wicklow, returned to Jack White’s Inn later that day to take a written statement from Catherine Nevin. Her attitude to this reasonable request was amazing: ‘I gave you a statement today.’ Collins informed her that what he had taken earlier that day was notes regarding her account of events. What he now wanted was to get this in the form of a written statement. She replied: ‘I will make no statement or sign anything. It’s dangerous to sign statements, I know. I want a guarantee from a superior officer – and not from Superintendent Flynn, because I don’t trust him – that my statement won’t turn up on the desk in Arklow, to have it doctored, the same as the other statement. I don’t trust anybody in Arklow station – present company excluded.’
On the advice of her solicitor, she eventually relented, and made a statement on 20 March 1996. During this meeting, Collins showed her the jewellery box and the jewellery which had been found scattered around the premises the morning of the murder. She agreed that both the box and the jewellery were hers, and stated: ‘None of my jewellery was taken in the raid.’ Other interviews would follow; O’Brien and Collins were chosen to carry out these – and indeed all other contacts between Catherine and the Gardaí.
After the funeral of Tom Nevin, a large number of people returned to the pub. They were joined by O’Brien and Collins. At about 10 PM on that day, 21 March, Catherine told them that on the morning of the murder, after she had let Sergeant Dominic McElligott out the hall door, she pushed the door closed; it Yale-locked, and then she mortise-locked it by turning the Chubb key. She then hung the key on the wall beside the door. In her earlier statement, she had said: ‘The Sergeant had just pulled the door behind him and it Yale-locked.’ She had made no mention of mortise-locking it.
She also told the two detectives that when she was trying to release herself after the intruders had left her bedroom, she got an unusual smell, as though the place was on fire. This had the detectives puzzled. Later, they would realise that she had hoped that the smell would be accepted as that emanating after a gun had been fired. Unfortunately for her, expert evidence would prove that she could not have got such a smell coming from the kitchen in her bedroom. The only possible way she could have got this smell was if she had been in the kitchen prior to, during, or immediately after Tom had been shot.
On 23 March, she told the Gardaí that the amount of money stolen in the raid was £16,500, made up of:
The interviews by Fergus O’Brien and Joe Collins with Catherine Nevin revealed numerous contradictions and lies in her story, and were instrumental in casting her in the role of a very credible and likely suspect.
As I left Jack White’s the morning of the murder, secure in the knowledge that there had been no interference with the scene, I could not dismiss the possibility that Catherine was a suspect. An interesting visitor to the pub that morning was former garda inspector Tom Kennedy. I had known him and, out of curiosity as to what he would say, spoke to him briefly about the murder. ‘Terrible affair, Pat,’ he said. ‘Just heard it on the news. That poor woman, what they have done to her, such a decent honourable woman.’ There was no mention of poor Tom, whose cold dead body lay just a few yards away.
On my arrival at Arklow Garda Station, an incident room was already in place. Next on the agenda was the selection of an investigation team, who would remain based at Arklow Garda Station. The investigation team includes those regarded as most efficient in investigating crimes. Invariably, the majority will be drawn from within the district where the crime was committed, with others coming from within the garda division. (Gorey is the garda district where the crime was committed, and Wexford/Wicklow is the garda division.)
The technical experts, such as Ballistics, Fingerprints, Mapping and Photography, are provided from Garda Headquarters on request by the officer in charge. Their presence is limited to examining the scene, reporting on their findings and giving evidence in court.
At 9 AM, members of the investigation team began to arrive at Arklow Garda Station. Detective Superintendent John McElligot, of Garda Headquarters, arrived; he would have a continuous presence throughout the investigation. He is acknowledged as one of the best in the force at coordinating and analysing the progress of serious-crime investigations.
Detective Bernie Hanley, of the Serious Crime Investigations Unit, was well known as an outstanding investigator and interrogator. He had been involved in practically every major crime investigation in the state for many years. Being of a rather quiet disposition and a friendly personality, he would be a pleasure to work with.
Liam Hogan, also of the Serious Crime Investigations Unit, held the rank of detective sergeant. (At this time, his unquestionable talents, and intelligence, in all aspects of police work had not been properly acknowledged. Gladly, this situation has to an extent been rectified, as he now holds the rank of superintendent.) Hogan’s expertise includes the examination of statements, documents and so on, and file preparation. He would take responsibility for the paper side of the investigation. His task was enormous, and essential to the final outcome of the investigation.
Liam would be ably assisted by Detective Aubrey Steedman. Every investigation team needs at least one personality such as Aubrey. His happy-go-lucky attitude is infectious, and of great help during an occasional hiccup or tense moment.
On the local front, Arklow would supply the bulk of the investigation team. These included Detective Gardaí Joe Collins, Jim McCawl and Tom Byrne, and Gardaí Paul Cummiskey, Liam O’Gorman, Martin Kavanagh, Martin McAndrew and Donal O’Leary. Sergeant Brian Duffy completed the Arklow contingent. Gorey was represented by Sergeant Joe O’Hara, Detective Gerry McKenna and Garda Joe O’Sullivan. Wexford Garda Station supplied Detective Pat Mulcahy and Wicklow Detective Sergeant Fergus O’Brien.
As I glanced around the table in the incident room at the assembled investigation team, I thought: if there is a possibility that this crime can be solved, then these are the men capable of doing it.
2
THE INVESTIGATION COMMENCES
Some minutes into the first conference with the investigation team, I got a phone call from my girlfriend, asking the dreaded question: ‘Pat, are we still going on holidays tomorrow?’ Thankfully, she appreciated my position. The investigation would take precedence – except for urgent family considerations and demands. Leave would not be granted other than for exceptional reasons.
The media was the next subject to be addressed. I told the team that leaks to the media would not under any circumstances be tolerated. Should there be any deviation from this instruction, and the identity of the individual was discovered, I would recommend that person’s instant dismissal.
At 12.30 PM, Tom McCaughren of RTÉ requested an interview about the murder for the 1 PM news. Conscious of my attire – Bainín pullover, shirt and slacks, rather than uniform – I told Tom that my clothes might not be ideal. Tom informed me that Assistant Commissioner Jim McHugh had nominated me to do the interview. As we had spoken earlier and he was aware of my attire, I went ahead and did the interview. I was pleasantly surprised later to receive a number of letters praising my efforts – with some even complimenting me on my less-than-formal clothing!
Not so welcome was an official letter from Assistant Commissioner Pat Byrne, later to become garda commissioner, received a few days after the interview. It commenced by congratulating me on the content of the interview. However, my choice of dress was not to Byrne’s liking. How embarrassing it must have been for him to see an officer of ‘his force’, as he liked to refer to An Garda Síochána, appear on television other than like a dressed dummy.
On the arrival of the Dublin-based members – Bernie Hanley, Liam Hogan and Aubrey Steedman – one of the local detectives was heard to refer to them with venom as ‘The Amigos’. Hogan and Hanley had been chosen to investigate Nevin’s serious allegations against Gardaí Vincent Whelan and Michael Murphy, both of whom had been suspended from duty. They were treated like suspected criminals. (Murphy and Whelan were cleared of allegations by the DPP, who directed that no criminal proceedings should be taken against either Garda. They were both restored to full operational duties: Garda Murphy was appointed to the traffic corps based in Gorey, where he is still employed; Garda Whelan was appointed to Detective Branch in Arklow, where he is still employed.)
Liam Hogan and Bernie Hanley did not relish that investigation, but they did not have the option of passing the poisoned chalice. Convincing the local Gardaí of their bona fides was not difficult, and ‘The Amigos’ became Bernie and Liam once more. A friendly and creative working atmosphere was established, and this would continue for the duration of the investigation.
There is an acceptable and basic rule when it comes to murder investigations: as time passes in each case, the chances of solving it lessen. If there is not an early outcome, then the investigation will become prolonged and more difficult with each day’s passing.
Police authorities hope for, and expect, an early result – and for obvious reasons. Members engaged on such investigations are usually the pick of the crop from within the local division, and are augmented by technical experts. However, officers allocating local members to a particular case will be mindful of the drain on available manpower, not to mention overtime expenditure.
During the first conference, all were in agreement that what had taken place at Jack White’s pub was not a robbery, and that Catherine Nevin could, even at that early stage, be regarded as a suspect. Her story simply did not ring true. The question could be asked as to whether the detectives made the mistake of investigating Catherine rather than the crime (known in police circles as ‘suspect-of-convenience syndrome’). The answer is a simple no: her demeanour, aggressiveness, lies and lack of cooperation had placed this suspicion firmly in the minds of the detectives. There were suspects thrown into the ring by Catherine; all were investigated. Needless to say, all of her accusations and theories turned out to be ‘pie in the sky’.
3
THE TECHNICAL INVESTIGATION
Garda experts from the Technical Bureau arrived throughout 19 March and began their investigations, which continued well into the next day. Catherine remained at the pub throughout, despite being advised to leave and seek hospital care for the aches and pains of which she was complaining. Her raucous behaviour was causing a great deal of annoyance, as the Gardaí examining the scene did not want any distractions.
Detective Garda William Brennan, Ballistics, at that time had eighteen years’ experience in the examination and testing of firearms and ammunition, in the examination of scenes of serious crimes, and in the subsequent giving of evidence in court. The report on his findings was eagerly awaited, and disclosed many interesting facts.
He described the main building as a very large, three-storey construction, used as a private dwelling, with a small portion at the right rear used as a hairdressing salon. To the left was a two-storey building adjoining the main building. The top floor was for private use, and the ground floor contained a number of interlinked bars and lounge areas. At the rear were a number of single-storey buildings, in which were housed various function rooms, a dining conservatory, the kitchen, store rooms, and the toilets. It was possible to access all areas of the entire premises internally. The only entrance door which was not locked was the front entrance door to the main building. Most of the windows and the rearmost doors appeared not to have been opened for some time.
The buildings were protected by a burglar alarm system, which had been installed and was maintained by DJ Alarms. The system had four external alarm boxes, and a panic attack alarm linked directly to a twenty-four-hour monitoring station in Dublin. The panic alarm could be triggered by pressing any one of five push buttons located throughout the premises, and two radio remote buttons. One of the fixed panic buttons was located on the frame of the front door, beside a curtain. This button had been pressed and not reset. Alan Fitzsimons from DJ Alarms confirmed that the alarm, and all the triggering devices, were working properly. Fitzsimons also stated that the last alarm activation had been triggered by the panic attack button behind the front door.
Detective Brennan noticed a night latch lock and a mortise lock fitted on the front door of the main house. He found no evidence of a forced entry.
He saw that the kitchen door was open, and noted that there was neither a door handle or a lock body fitted to it. On the lino-covered floor he saw the body of a male, who was identified to him as Tom Nevin. The dead man was lying on his back with his feet facing towards the door, with both arms outstretched. A metal stool was close to the deceased’s left leg.
A large pool of blood was visible under the right side of the body. He also noted heavy bloodstains on the left hand. Tom Nevin was wearing glasses, which were undisturbed, and held a red-and-white-coloured biro pen, clenched tightly under his right index finger.
There was a large wound on the right side of the chest which looked like a shotgun entry wound. There were also portions of what appeared to be fibre shotgun wads (a cotton wool-type substance which is packed into shotgun cartridges), and white polystyrene granules on the outer surface of the jacket. A black leather wallet was lying on the top of the right inside pocket, and the pocket was badly torn. As the wound was not in line with the pocket, the removal of the wallet and the damage to the pocket appeared to have been done afterwards. The contents of the wallet appeared to have been undisturbed.
On the counter close to where the body was lying, he saw more small fragments of fibre shotgun wads and white polystyrene granules. On the counter was a half-pint drinking glass containing a small amount of stout.
He located a small wall safe which was concealed over the top shelf of the store, in which were two antique cluster rings and an antique gold bracelet. These were later identified as being Catherine’s.
Catherine gave him permission to have her face and hands swabbed for firearms residue, though she told him that she had already washed her hands.
Later that day, Brennan attended the post-mortem examination at Wicklow Hospital Morgue, performed by Professor J. F. Harbison. He noted that the hole in Tom Nevin’s shirt measured one and a half inches by one and three-eighths inches. Professor Harbison took X-rays of the deceased’s upper chest area; these showed that there were four large-gauge lead pellets lodged in the left chest area of the deceased. The pellets had entered through the right chest area, passed through his heart, causing massive injury, and contined into the left armpit area, in a straight upwards trajectory.
The following day, in additon to what he had already observed, Brennan took note of further relevant evidence. He saw no sign of any disturbance and ransacking in any of the ground-floor rooms, including the lounge, bar and kitchen areas. The cash tills were all open, and a float of about £80, in notes and coins, in each was untouched.
On a small wooden table on the landing of the stairs, leading up from the front door, was a white telephone, and the handset had been removed from the cradle. The phone was working, and there was an engaged tone from it. A portable TV was lying against the banister just outside Catherine’s bedroom, and one of the wooden rails beside it was freshly broken.
In Catherine’s bedroom there were two small table lamps located on wooden bedside lockers at each side of the double bed, and these were turned off. There was a telephone on one of the bedside lockers, and the handset had been removed and placed on top of the underwear on the carpet beside it. Other items on, and in, the locker were undisturbed.
On the right side of the bed, the door of the bedside locker was open, and a large amount of prescription drugs, both inside and on the top, were undisturbed. Also beside the locker was a black ladies’ handbag, the contents of which were lying on the carpet. The contents included a bank deposit book, a brown purse, bank cards, a small amount of coins, and some documents.
Also, there was a low octagonal table in the area, and fixed underneath it he found a panic attack button unit. On the windowsill behind the right side of the bed he saw a second unit. Both had a battery attached and appeared to be functioning. These units are designed to be carried on the person and intended to activate the alarm system from anywhere in or around the immediate area of the premises.
A box of twenty-five twelve-gauge express ‘pro one ounce competition’ type, number seven and a half shot-size shotgun cartridges were on the windowsill behind the bed.
On 29 March 1996, Brennan received from Detective John O’Neill a twelve-gauge BSA single-barrel trench-loading shotgun. This was the same shotgun he had seen at Jack White’s pub, and was registered to Catherine. It had not been discharged recently, and was eliminated as the murder weapon.
On 4 April, Brennan and other members of the investigation team met at Jack White’s pub to carry out tests in the kitchen. This was to establish the veracity of Catherine’s description of the noise she heard coming from downstairs. Brennan had two single-barrel shotguns (one was a sawn-off shotgun) and live rounds of ammunition. There are two doors between the lounges and the private part of the premises. Different combinations were used during the tests: i.e. one door left open, two doors open, and both doors closed.
It was only possible to recover two of the four visible pellets from the deceased’s body. They were of S.G. shot size used to bring down big game such as deer. The white polystyrene granules found on the deceased’s jacket and jumper are used in the packing of these types of heavy shotgun cartridges. Detective Brennan used CLEY shotgun cartridges, which contains a modern nitro-cellulose-lased propellant powder, designed to produce low levels of smoke and odour. He discharged six cartridges during the tests.
Catherine had given permission for the tests to be carried out on the premises, but would not under any circumstances allow any Garda to position himself in her bedroom, the door of which she kept locked. It was imperative to re-enact Catherine’s story about the noise she had heard and the smell she got in her bedroom during the robbery.
Detective Superintendent John McElligot positioned himself in the bedroom beside Catherine’s. He stated: ‘The first shot sounded like a telephone directory being dropped on a concrete floor. The second was somewhat louder. Neither was recognisable as a gunshot. The third and fourth were recognised as gunshots.’ Shot five he compared with shot number two, and shot six to shot number one. From the bedroom, he could hear the two detectives talking in the kitchen. On completion of the tests, he went immediately to the kitchen, where he got a mild smell of firearm residue.
Detective Garda John O’Neill, Fingerprint Section, Garda Technical Bureau, examined the murder scene on 20 March. In the public lounge, he developed finger-and palm-prints from a jewellery box and its contents, which were lying on the floor. It transpired that these prints were Catherine’s; no other prints or marks were found on the box or the contents.
Having obtained Catherine’s permission, he examined her bedroom, which was noticeably disturbed. Boxes used for storing goods, such as bedding, were removed from the wardrobe. The impression he got was that these boxes had been knocked out of the wardrobe, rather than systematically removed and searched. He developed marks which gave him the impression that the hands which removed them had been wearing either surgical or fine leather gloves. This was a direct reference to the drawers which had been removed from the chest of drawers. The marks had definitely not been made by bare hands.
He examined the Nevins’ family car, a black Opel Omega, which had been recovered the day after the murder at Dartmouth Square, Dublin. It had been missing, presumably stolen as a getaway car.
