If Walsh's application succeeds it may gain a higher profile 

and raise questions over other convictions.

Part of Dept of Justice's submission to the NI Courts , 11 August 2011


UPDATE:
 The Court has set 31 May 2012 for full hearing against the Justice Minister.






Quotes from Trial:

HIS HONOUR JUDGE PETRIE: Do you think I should not hear the case because I have been prejudiced because of matters which you say I should not have had put before me?
MR MOONEY, QC: Yes, your honour. 

Opening dialogue between Senior Counsel and the Trial Judge on the first day of my Trial.



It is a question of a conspiracy of lies, a deliberate attempt to have this man convicted of an offence for which he should not have been convicted.... This case so far as the essential facts are concerned is black and white, either there is a concoction and a fabrication, a series of dastardly lies being told by the military witnesses in this case or there is not. Mistake does not enter into it in my respectful submission. 

Closing submissions of the Crown Prosecutor, Gary McCrudden, December 1992






Quote from 2002 Court of Appeal:

... if a defendant has been denied a fair trial it will almost be inevitable that the conviction will be regarded unsafe, the present case in our view constitutes an exception to the general rule. ... the conviction is to be regarded as safe, even if a breach of Article 6(1) were held to have occurred in the present case.  

Per Lord Carswell, R v Walsh (2002) NICA 1





Quote from 2010 Court of Appeal:


We bear in mind that the appellant is a person of previous good character. It is on that basis that we allow this appeal.

Per Morgan LCJ, R v Walsh[2010] NICA 7




Quotes from the NIHRC:

It is always likely however that even when things do go well that ultimately Christy will remain very angry at the Commission and may well be vocal. Damage limitations might be what we're facing here...

    Northern Ireland Human Rights Commission, 26th September 2008


Thus, Carswell was not saying that there are exceptions to the right to a fair trial; he was certainly not saying that Mr Walsh was an exception. In Carswell’s opinion, Christy Walsh was given the fair trial to which he had a right. 

To date the NI Human Rights Commission continues to defend its role as silent witness to serious Convention breaches.





Quotes from the Dept of Justice:


At the close of my successful appeal in March 2010 I took, from the courtroom, a file containing incriminating evidence (click here) proving that the Prosecution Service (PPS) had conducted a false and malicious prosecution against me. On 11th August 2011, in a submission to the Court, the Dept of Justice has disclosed the following in attempt to cover-up for the PPS,


He also refers to his previous (mistaken) suggestions that we regard him as guilty... If Walsh's application succeeds it may gain a higher profile and raise questions over other convictions.