A hearing to determine whether two men known as the "Tallaght Two" are victims of a miscarriage of justice dating back to 1984 has opened. The case is being heard at the Court of Criminal Appeal, and if the men win, they could be entitled to compensation.
Mr Joseph Grogan and Mr Joseph Meleady, whose convictions were quashed in 1995, told the court they were innocent and had "no hand, act or part" in the assault of Mr Eamon Gavin or the theft of his car.
Mr Patrick MacEntee SC, with Mr Barry White SC, for the men, said they had never received a trial in accordance with law.
Mr Meleady said that in identifying him as the driver of the car and Mr Grogan as the front seat passenger, Mr Gavin and his son, Paul, had made "a terrible mistake. They identified two innocent people."
Both men were jailed for five years in 1985 after being convicted of assaulting Mr Gavin and causing malicious damage to his car at Templeogue, Dublin, on February 26th, 1984. They were aged 17 when the incident occurred. When the car was stolen, Mr Gavin jumped on the bonnet and remained on it for a time while the car was being driven. It was alleged he was threatened with an umbrella and one of the occupants brandished a petrol can and threatened to burn him.
The convictions were quashed in 1995 due to evidence showing that the fingerprint of another man, Mr Brendan Walsh, which the original trial was told had been found in the back of the car, was actually found on the front passenger door, and due to the existence of a document called the "Walker memorandum".
Mr Walsh had told the original trial he was the front-seat passenger in the car. He said two other men were also in the car, neither of whom was Mr Meleady or Mr Grogan.
He repeated that testimony yesterday and named the two other occupants as Mr Gordon Dunne and Mr Paul McDonnell. He said Mr Meleady and Mr Grogan were not there, and that was "absolutely the truth".
Mr McDonnell had also admitted being involved later, he said. He accepted it was a "pretty savage" attack on Mr Gavin.
Also yesterday, Mr Walsh said he was arrested in 1984 for a different incident and was questioned about the theft of Mr Gavin's car. He had denied it but later received a book of evidence which showed his fingerprint was found in the front of the car.
He then pleaded guilty to assaulting Mr Gavin and was jailed in March 1985 for two years.
The application for a declaration that there was a miscarriage of justice in the case centres on the fingerprint evidence and on the Walker memorandum. That document was made on May 18th, 1984, before Mr Meleady and Mr Grogan were returned for trial by a State solicitor, Mr Richard Walker.
It stated that the prosecuting garda in the case, Sgt Patrick Thornton, had mentioned to Mr Walker that Mr Gavin had asked to see a book of photographs to see if he could identify any of the people who had taken his car. He had seen a book of 50 photographs and identified one of the accused.
Both Mr Gavin and Sgt Thornton denied that the sergeant showed Mr Gavin photographs prior to Mr Gavin identifying Mr Meleady and Mr Grogan as the persons who drove and sat in the front seat of his car respectively.
When it quashed the men's convictions in 1995, the Court of Criminal Appeal refused to grant a certificate that there was a miscarriage of justice. This was because the guilt or innocence of the accused had not been determined by a jury which had access to the fingerprint evidence and the Walker memorandum.
The Supreme Court later found the court had erred in its reason for refusing the certificate. It returned the matter to the appeal court to reconsider the application. Mr Joseph Grogan told the three-judge court yesterday: "I am innocent. I had no hand, act or part in the crime perpetrated against Mr Gavin and I had no knowledge of the crime perpetrated against Mr Gavin."
He was a Jehovah's Witness minister, and his obligation when on oath was to be fully truthful. "This is the anniversary of my release from prison. It was 12 years ago today," he said.
He recalled a man who "looked like Inspector Clouseau" looking at him while he was at Rathfarnham Garda station in February 1984 on remand in relation to a separate car-theft charge. He said a garda had pointed at him and at Mr Meleady and had asked the man, who he later learned was Mr Gavin: "Are these them?"
He said Mr Gavin had pointed at Mr Meleady and said: "This is the driver" and nodded towards Mr Grogan and said: "This is the front-seat passenger". He said Mr Paul Gavin also later identified Mr Meleady as the driver but had not identified Mr Grogan.
In cross-examination Mr Edward Comyn SC, for the State, said Mr Gavin would say he recognised Mr Grogan and Mr Meleady and drew the gardai's attention to that. Mr Grogan said they were called out to Mr Gavin by a garda.
Mr Joseph Meleady said his first contact with Mr Gavin was when Mr Gavin approached him at Rathfarnham Garda station, placed his hand on his shoulder and said he (Mr Meleady) was the driver of Mr Gavin's car. Mr Meleady said he had no idea what Mr Gavin was talking about.
At some point Mr Paul Gavin was also there, and a garda had said to the boy: "Isn't that them?" He said the boy had stood in front of him, Mr Grogan and two or three others and the garda had repeated: "Isn't that them?" The boy had then looked at Mr Meleady and said he was the driver.
He denied Mr Paul Gavin was able to identify him without any suggestion from the garda.
At the outset of the inquiry yesterday Mr Robert Dore, for Mr Eamon Gavin, said his client wished to be represented. Mr Gavin believed the hearing was an attempt to denigrate his evidence.
Mr Justice Geoghegan, presiding, said the court must reject the application. There was no legal basis for a victim, let alone a witness, to be separately represented or to examine or cross-examined during an appeal.
The court also ruled that the appellants could not call alibi witnesses but could give evidence themselves.
Mr Justice Geoghegan stressed that the court was dealing with "entirely new territory", and the ruling should not be seen as a final ruling.
The hearing continues today.
