The Fundamental Flaws in the Arrest, Trial, and Appeals

of Christy Walsh

..







Quick Chronology

Arrested 5th June 1991 and denied access to lawyer for two days.

Convicted in December 1992 by a Diplock Judge sitting without a jury.  The Conviction was later found to have been unlawful.

A main Prosecution Witness retracted his trial testimony in 1998.

In January 2002 the Court of Appeal upheld my unlawful conviction on new grounds (contrary to the Criminal Appeal Act)

In January 2007 the Lord Chief Justice re-opened my appeal.

In March 2010 the Court of Appeal reversed my unlawful conviction.  

Before leaving the court room I took one of the Prosecutor's files containing incriminating evidence against the Prosecution Service.



Judgments



Home




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

and raise questions over other convictions.

Dept of Justice, 14 June 2011    






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




Quotes from the Dept of Justice:


... 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.

Communication from the Minister's aide, David Mercer, to the Justice Minister, David Ford, MLA on 4th July 2011.




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.  The Justice Minister, David Ford, MLA has connived closely with the PPS in attempt to cover-up the criminal conduct of the Prosecutor.  An internal memo to addressed to the Minister discloses that "We have continued to ensure that PPS are apprised."   The Justice Minister has been attempting a cover-up of criminal conduct within the PPS.

I wish to refute absolutely your suggestion that I have colluded with police and prosecution to deny you justice.

Justice Minister, David Ford, MLA to me 5th July 2011