Evidence in murder trial was properly disclosed to applicant’s legal team

Criminal law – application to set aside conviction as a miscarriage of justice – murder of Veronica Guerin – s. 2 of the Criminal Procedure Act 1993 – whether evidence used in the subsequent trial of another individual in respect of the same offence was properly disclosed to the applicant’s legal team – whether the applicant’s legal team failed to fully appreciate its significance such that it constitutes new or newly discovered facts – the Finnegan/Kearney/Hickey Evidence – Ms. Finnegan attended an identification parade in a garda station where Mr. Warren stood on the parade, but she failed to pick him out – all the material that is now in issue was available and known to be available at the time of the appeal against conviction to the Court of Criminal Appeal, but that information was not utilised – gross non-disclosure which was only discovered post-trial – no reasonable explanation why arguments should be advanced, abandoned and then revived years later – all of the material pointed to by the applicant was properly disclosed to him and his legal team but and its significance was fully appreciated by them – application refused.