Christy Walsh case
John Christopher (Christy) Walsh, from west Belfast, was convicted in 1991 by a Diplock court of possessing explosives in connection with the conflict in Northern Ireland, and campaigned for 20 years to clear his name on the basis that his conviction was a miscarriage of justice. His case was referred to the Court of Appeal by the Criminal Cases Review Commission in 2000. That appeal having failed, he appealed again and in January 2002 his conviction was upheld even though the court acknowledged the possibility that procedural irregularities might have amounted to an interference with his right to a fair trial.[1] Following an unprecedented third appeal on the basis of new evidence, his conviction was overturned as unsafe on 16 March 2010.[2][3][4] Walsh has been refused compensation for the conviction and time spent in prison and is currently engaged in campaigns to reverse that decision and to draw attention to the alleged failings of the Northern Ireland Human Rights Commission.[5]
| Christy Walsh case | |
|---|---|
| Court | Diplock court |
| Decided | 1991 |
| Case history | |
| Appealed from | Court of Appeal |
| Appealed to | Criminal Cases Review Commission |
| Subsequent action(s) | miscarriage of justice |
| Court membership | |
| Judge(s) sitting | John. W. McIlhenney |
In October 2012, Walsh made an application for a writ of coram nobis. His Honour Mr Justice Weatherup observed, "The Court of Appeal concluded that there was no ground on which a court of first instance could reopen its own decision other than for fraud.... Any impropriety by Counsel for the Department will be dealt with by the complaints and discipline procedures applicable to members of the Bar".[6]
References Edit
- ^ . Archived from the original on 8 December 2014. Retrieved 4 December 2014. Second appeal judgment
- ^ http://news.bbc.co.uk/1/hi/northern_ireland/8570261.stm BBC report of third appeal verdict
- ^ http://www.u.tv/News/Cleared-Christy-Walsh-slams-PPS/1a22faba-55ac-46c6-a7ec-d5f7aed4b495/ Ulster Television report of verdict
- ^ 3rd (successful) appeal judgment 2014-12-08 at the Wayback Machine
- ^ Christy Walsh's own website
- ^ Writ of Coram Nobis 2014-12-08 at the Wayback Machine