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The Sallins Case – a Timeline

1973-1977: Fine Gael/Labour Coalition in power:

(Garda Commissioner: Ned Garvey: Sep 1975 - Jan 1978)

1978-1983: Fianna Fáil in power

(Garda Commissioner: Patrick McLaughlin)

The Court Cases

Trial No. 1 District Court:

8th April 1976 – 9th Dec 1976 245 Days

Trial No. 2 Special Criminal Court:

19th Jan 1978

Trial No. 3 (Trial within a trial)

-16th June 1978 65 Days

Trial No. 4 (New trial)

10th Oct 1978

Trial No. 5 (Trial within a trial)

– 13th Dec 1978 51 Days

Legal representation

Trial 1:

Accuseds' Solicitors: Dudley Potter, Garret Sheehan (now retired Judge)

Trials 2 -4:

Accuseds' Solicitors: Pat McCartan (now retired Judge) and Michael White

Accuseds' Counsel: Paddy McEntee, S.C. (Breatnach + Plunkett)

Seamus Sorohan, S.C. (RIP) (McNally & Kelly)

Anthony Sammon Jnr B.L.

James Connolly Heron B. L.

Martin Giblin B.L. (now S.C.)

Prosecution: Noel McDonald, S.C. (RIP) + Robert Barr S.C. (RIP Judge) + Kevin Haugh, B.L. (RIP Judge)

Civil Action for inter alia, Damages

Solicitor: Greg O'Neill (retired)

Counsel: Barry White, (retired Judge)+ Paul Carney (RIP Judge)

Maurice Gaffney SC (RIP)

Anthony Sammon, Jnr B.L. (now SC)

__________________________________

31 Mar, 1976: Dublin to Cork Mail Train Robbery near Hazelhatch, Co. Kildare near Sallins, called by the media the “Sallins Mail Train Robbery”.

4 Apr,1976 Gardaí arrest circa 40 people (members, supporters and family of members of the IRSP- a registered, legal political

party. This is the biggest round up of suspects since WW2.

The uncorroborated ‘suspects’ list is supplied by Inspector Ned Ryan who is leading the investigation.

Not on any arrest list, Osgur, a journalist, is kidnapped at 13.30 pm and repeats request for his solicitor and his interview to be in his native tongue-Irish. Remains in custody from 14:00 pm – 20:00 pm on the 6th April when he is

interviewed in Irish by two guards. Legal access is denied and told he has

‘no fucking rights under the Offences Against the

State Act’.

In another interview he is informed

‘no one will want to join your party by the time we

are finished with you’.

His detention is extended to 48hr. Legal representation to all suspects denied by Gardai.

7 Apr,1976 After 11 suspects have been torture in police custody,

Kelly, McNally & Fitzpatrick sign false incriminating

statements (but not Plunkett) dictated by Gardai. These

statements ‘confirm’ a Garda list of suspects that alleges

all their participation in the robbery.

At 05.20 a.m. Osgur is tortured in an underground tunnel,

which goes from the jail section to the Bridewell Garda

Station to the nearby Bridewell District Courts.

He is then brought to a locker room where other Gardai

join in further torture. Osgur signs false dictated

statement incriminating himself alone.

Different gardai then stay with Osgur and falsely

allege verbal admissions. Osgur is returned to his cell.

Osgur considers suicide in his cell but after seeing his solr.,

he is released. As he walks out of the Bridewell he is re-

arrested – his fifth consecutive detention.

Osgur's father telephones GP Dr. Noel Smith to examine

Osgur. A Habeas Corpus application to High Court judge

Hamilton J., is made to produce Osgur in Court.

GP Dr. Smith declares Breatnach is “severely ill” and

possibly suffering from concussion.

Court directs Osgur’s transfer to Richmond Hospital.

FIRST TRIAL

Now there are 6:

7 Apr,1976 McNally, Kelly, Fitzpatrick + Plunkett are brought to

Bridewell’s District Court to be tried by jury and formally

charged with “conspiracy to commit armed robbery and

steal IR£221,000”:

Plunkett rips open shirt pointing to injuries and shouts

he was beaten. Judge tells him to raise the allegations

elsewhere and remands them back to Bridewell on garda

request.

Contrary to Prison Rules they are detained together.

Gardai subsequently state all injuries must have been

inflicted while they were together.

Breatnach is seen by three more Drs., in Hospital. Others

also seen by Drs.

8 Apr,1976 Breatnach illegally arrested on way back to High Court

from hospital.

Aidan Browne B.L. represents the Director of Public

Prosecutions (DPP) and later gives evidence that the

High Court appearance of Breatnach was like those of the

tortured Hooded Men whose case the Irish Government had

taken against Britain in the European Court!

Breatnach is released by High Court without any objection

by the State.

Outside the court, Gardai re-arrested and charge Osgur.

He is remanded with the rest to Mountjoy Prison this

time and examined by a Dr. there.

8 Apr,1976 All five accused are transferred to Portlaoise prison and

medically examined again.

9 Apr,1976 Michael Barrett arrested (he was named in Fitzpatrick’s

statement but both he and Fitzpatrick had the solid alibi of

being with other witnesses).

The foundation of the Irish Council for Civil Liberties by,

amongst others, Law lecturers Kadar Asmal and future

Irish President Mary Robinson, is driven by the Sallins

Case.

CIVIL ACTIONS

On obtaining a reduced bail, from tens of thousands to one thousand, some weeks later, (-now that the bruises had disappeared), a large number of Civil Cases for assault and battery etc were announced by those tortured.

Nov,1976 The Court of Criminal Appeal in the “Madden” Case

directs that Appeal Courts should usually accept as a

finding of fact anything decided by the Special Criminal

Court (SCC) to be a fact.

Now there are none

8 Dec,1976 O’hUadhaigh J., in the District Court throws out DPP Case

against Breatnach and all the others on the grounds of

failure to present any evidence.

But now there are 4 again:

17 Dec,1976 Breatnach, NcNally, Plunkett, and Kelly re-arrested:

Barrett not re-arrested. Fitzpatrick declared “missing”.

All Four accused brought before the juryless Special

Criminal Court and formally charged with “stopping the

train with intent of stealing mail bags” and each granted

low bail.

Feb,1977 Front page Irish Times exposé reveals existence of “Garda

Heavy Gang” and extensive ill-treatment of prisoners.

June,1977 Amnesty International sends observers to Ireland and

issues report expressing great concern and mentions the

matter of garda torture and malpractice in the Special

Criminal Court in its 1977 World Report seeking an

impartial Inquiry.

Fianna Fáil (FF) win landslide general election victory

committing to inquiry.

In government, an impartial Inquiry is rejected by FF. A

three-man committee, chaired by Barra O’Briain J., is

established to recommend future safeguards.

All its recommendations are subsequently rejected by

Government.

SECOND TRIAL COMMENCES

19 Jan,1978 Judges James McMahon (High Court),

John O’Connor (Circuit) and John Garavan (District).

Feb,1978 Hibernia journalist Niall Kiely reports ‘judge O’Connor J.,

nodding off’ on 10th., day of Trial and wrote about same

on 03/02/1978 – nothing happens

Dublin architect and Fine Gael member, Martin Reynolds,

observes the same on the 06/02/1978 (see pages 139

Blind Justice.)

15 Apr,1978 Sunday Independent reports a Belgian lawyer has the

names of most of the Heavy Gang members and reports

‘...we get special pay..unless we are ordered to stop .. we

we will continue...’

26 Apr,1978 On the 50th., day of the Trial, Defence SCs Sorohan and

McEntee asks the Court to discharge itself on the sleeping

judge issue.

Court adjourns to back room, returns and refuses

application stating the court is fit to continue. It

ignores the sleeping judge issue.

The evidence of 3 judges hold more sway than 4

defendants, two Senior Counsel, an architect and a

journalist. The court turns Art 40 (1) of the Irish

Constitution on its head: ‘All citizens shall as human

persons be held equal before the law.’

28 Apr,1978 Next day, eight Affidavits (of the 4 accused, architect

Reynolds, Journalist Kiely, and defence solicitors

McCartan and White) swear affidavits to the High Court

about observing ‘sleeping judge.’

High Court President, Finlay J., refuses Application. Court

‘feels bound by the finding of fact’ that the SCC court ruled

that there was no sleeping judge.

4 May,1978 Accused appeal to Supreme Court. Judges O’Higgins,

C.J.,Henchy J., Griffin J., Kenny J., and Weldon Parke.

Court demands the Affidavits of the Solicitors be withdrawn “immediately.” They further denounce Reynold’s Affidavit.

Their Judgment finds ‘the length of delay in making the

application is reason enough to deny the appeal… Court

feels bound by the “finding of fact”.

Nine judges have now ruled that sleeping Judge O’Connor

J., is following all the evidence in due discharge of his

duties.

5 May,1978 Plunkett shouts in court that O’Connor J., is asleep.

Nothing happens.

6 May,1978 Hibernia reporter Kiely reports that O’Connor is asleep.

Nothing happens.

May,1978 Garda Review editorial (published by the Garda

Representative Association) alleges Garda Commissioner

misleading public. Commissioner moves to indict the entire

editorial board.

Concerned Gardai send a delegation to Garret Fitzgerald

who went to the Taoiseach/ Prime Minister. The complaints

about the Heavy Gang are brushed aside.

June 1978 Trial now the longest in Irish criminal history.

6 June 1978 Judge O’Connor J., dies while preparing to go to Court.

State spent estimated IR£500,000 on the 2nd trial.

THIRD TRIAL COMMENCES

Oct 10, 1978 Judges Liam Hamilton (High Court),

Gerard Clarke (Circuit Court) and Cathal Ó Floinn

(District Court)

Three accused (Breatnach, McNally, Plunkett) plead not

guilty again and blame Inspector Ned Ryan’s Heavy Gang

and plead a State conspiracy:

Evidence is given by 50 plus gardai, Drs., and the accused.

Garda Commissioner Ned Garvey is sacked amid

controversy that he was working with British Intelligence.

Oct 11, 1978 State witness claims Detective wrote statement in her

name ‘identifying’ Plunkett. She denies identifying Plunkett.

The court acquits Plunkett.

Now there are 3

TRIAL WITHIN A TRIAL

As the case against McNally commences it digresses to a ‘trial within

a trial’ to determine if the statements signed by the three accused should be admitted in evidence. All accused give evidence of being refused solicitors, of being oppressed and tortured and supply medical evidence to the fact.

26 Oct, 1978: Breatnach gives evidence of torture and that he

contemplated hanging himself to escape his tortures who

wanted him to implicate innocent people.

Aidan Browne, barrister for the Director of Public

Prosecutions gives evidence in support of Osgur, as do

doctors.

10 Nov,1978: Kelly gives evidence of torture.

27 Nov,1978 Submissions conclude on 33rd., day of ‘Trial within a Trial’

(31days of evidence).

Ruling on ‘Trial within a trial’

1 Dec, 1978 The court rules that

All the statements made by accused were made voluntarily
No torture took place by the gardaí
All injuries were self- inflicted or inflicted with the assistance of other co-accused.

Defence Counsel admonished in Court for expressing

surprise at the court’s “reasoning”! Written Ruling refused!

4 Dec, 1978 Trial “proper” commences with opportunity to cross-

examine witnesses again: McNally & Kelly give evidence

Breatnach believes, as always, that they will be

convicted and refuses to take the stand to repeat his

evidence.

9 Dec,1978 Kelly does not appear in court. His whereabouts are

unknown. Court decides to, uniquely, try him in abstentia.

APPEALS

Process of Appeals commence. 17-month delay in preparing trial

transcripts.. ‘as photocopying machine broken.’

My brother, Caoilte, escalates international campaign to release men and clear their names. Worldwide human rights groups (eg Amnesty International, International Commision of Jurists..) contacted.

27 April 1980 I.R.A. publicly admits responsibility for the robbery, declaring those convicted all innocent.

12 May, 1980 McNally’s and Breatnach’s Appeals take place before the

Court of Criminal Appeal (Judges Tom Finlay, Donal

Barrington and Seamus Henchy) with international

observers present: after six days at hearing, judgment

reserved

22 May, 1980 Court quashes McNally and Breatnach sentences and

convictions, declaring statements made by them “not

legally admissible” but fails to give its reasons.

THE NICKY KELLY CASE

4 June, 1980 Kelly returns from the U.S.

He seeks “extension of time” to lodge an Appeal.

18 Dec,1980 Court of Criminal Appeal (Judges Weldon Parke, John

Gannon and Mella Carroll) refuse extension of time

Refusal appealed to Supreme Court.

16 Feb,1981 Nine months later the Court of Criminal Appeal (CCA) delivers

its McNally & Breatnach Judgment: Gardaí’s accused of

oppression and the SCC rebuked however no explanation is given

as to how the men achieved their injuries in police custody. The CCA refused to interfere with the Court of Trial’s finding that there was no assault by any member of the Guards- the gardai are again left off the hook.

29 July,1981 Supreme Court overturns the refusal to Kelly and allows

“full” Appeal” to be brought- but reserves its findings

11 Jan,1982 O’Higgins C.J., gives his reason for allowing Kelly Appeal to be brought before the CCA as it was “just” and “equitable” supported by Henchy J., Kenny J. + Walsh J.

2 April,1982 CCA (Finlay P., Henchy J., and Barrington J.) reject Kelly’s

Appeal

Release Nicky Kelly Campaign launches international

campaign.

Kelly and others process civil actions for Damages for

assault, etc.

13 July,1982 Supreme Court asked to overturn CCA’s refusal of Kelly’s

appeal against his conviction. Court reserves its

judgment.

29 Oct,1982 O’Higgins CJ., Walsh J., Griffin J., Hederman J., and

McWilliams J., affirmed the CCA’s refusal and end

Kelly’s legal challenge for good. “It is seldom that the appellate jurisdiction of our courts has been so fully exercised but it is proper that it should have been so in order to satisfy the requirements of justice”

1 May,1983 Kelly begins first hunger strike

25 May,1983 Justice Minister Michael Noonan (FG) says Kelly can’t be released without "new evidence".

27 May,1983 Kelly moved to Curragh Military Hospital.

1 Jun,1983 Irish Commission for Justice & Peace urges an Appeal to the European Court of Human Rights

3 Jun,1983 Amnesty International expresses concern to Minister Noonan.

Chanel Four TV makes documentary on trad-rock band “Moving Hearts” and Kelly Case with narration by Keith Donald, musician

6 June,1983 Kelly’s lawyers (Garret Sheehan, Mary Robinson and Prof. Kevin Boyle, UCG) initiate appeal to European Commission

7 Jun,1983 Kelly comes off hunger strike after 38 days to allow

European appeal to proceed –

Government issues statement inviting Kelly to pursue his

legal action (thinking it time- blocked.)

Local Government Authorities, trade unions and high

profile personalities pass call for Kelly’s release.

31 Oct,1983 Fitzpatrick comes out of “hiding” and gives press

Conference: why was he not re-arrested with the others

having signed a statement of involvement?. He says he was tortured and forced to incriminate himself and others and that

the guards always knew where he was. Was it because he had a

firm alibi (with Barrett)?

The Director of Public Prosecutions (DPP) reviews the entire Sallins Case and rescinds the order to arrest Fitzpatrick, believing he was not involved in the robbery.

Consequently, Kelly’s false statement stating Fitzpatrick was at the robbery was obviously false. As was Fitzpatrick’s statement stating that Kelly was there.

1 Nov,1983 Kelly’s lawyers initiate release Petition to Minister Noonan on “medical grounds”

Nov, 1983 Dept., of Justice demands payment of cost of security transport from prison to Dublin in advance of allowing Kelly be medically examined for his legal Action.

Jan, 1984 Justice Dept., withdraws demand for payment.

May, 1984 State argue Kelly shouldn’t be allowed to sue as the issues involved have already been “decided” by the SCC 6 years previously. Hamilton J., directs a ‘Trial of a Preliminary Issue’ without a jury

17 May,1984 European Court rejects Kelly’s Appeal as it was lodged more “than 6 months after final Supreme Court” Rejection (on 29/10/2982)

17 July,1984 Minister Noonan tells divided Cabinet that he is going to release Kelly on “humanitarian grounds”. Ministers Alan Dukes, John Boland, John Bruton and Attorney General Peter Sutherland oppose Kelly’s release. Justice Minister Cooney absent.

1990,

1991 & 1992 Case raised by Amnesty in Worldwide Reports with concerns about the continued existence of the Special Criminal Court and calling for an Inquiry to be established

Jul, 1991 The Irish Council for Civil Rights (ICCL) makes a submission to the then Government for an independent Inquiry

Fitzpatrick takes Civil Action before Judge & Jury.

DPP’s Review finding Fitzpatrick was not involved in robbery, withheld from court.

Judge invites jury to consider if Fitzpatrick robbed train.

His case fails and he appeals to Supreme Court.

Apr,1992 Government ask Irish President to ‘Pardon’ Kelly and confirms “exoneration” of McNally & Breatnach

1992/1993 Committee formed to press for an Inquiry. Paper published and launched on RTE News

1993 Osgur appears on Nighthawks RTE TV and The Gay Byrne Hour RTE Radio 1 (GB on the 31/05/1993), causing outraged “Heavy Gang” members to issue Contempt of Court Application against Byrne to the High Court. After a number of days at hearing, judgment is reserved by Morris J. (of the later Morris Tribunal) before dismissing the Committal Application against Gay Byrne.

July, 1993 Compensation agreed with the accused’s (Breatnach, Kelly, McNally & Fitzpatrick) lawyers.

No inquiry ever held.

UN Declaration of Human Rights Art 5

‘No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment.’

What is torture?

UN Convention Against Torture (UNCAT Art 1.1)

‘Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him… information or confession… or intimidating or coercing him..when such pain or suffering is inflicted by or at the instigation of, or with, the consent or acquiescence of, a public official, or other person acting in an official capacity….’

53 x Gardaí involved who gave evidence:

Felix McKenna – later involved in CAB
William Meagher
James Grehan
John Courtney RIP – former Chief Superintendent later headed The Murder Squad involved in Kerry Babies, now retired (pinpointed by McEntee S.C., as an “expert” interrogator)
Gerard O’Carroll – later part of Murder Squad, involved in ~Kerry Babies case, now retired
Superintendent Ned Ryan RIP– headed Garda case and attend Trial throughout, was never pressed by the Court to reveal his source
Chief Superintendent John Joy
Superintendent Patrick Casey
Chief Superintendent John Fleming
Myles Hawkshaw
Francis Campbell
Michael Drew
Kieran Lawlor
John Hegarty
Michael Canavan (pinpointed by McEntee S.C., as an “expert” interrogator)
James Butler
Brian McGauran
Michael Finn - was in November 2002 appointed as investigator to the Morris Tribunal examining allegations of criminal activity on the part of a number of policemen in Donegal.
Joseph Egan
John McGroarty
John Jordan
Vincent McGrath
Michael Carey
Martin Purthill
William Ryan
Peter Canavan
William Fennesey
Thomas Boland
Christopher Godkin
Bernard Cullen
Michael Egan
Owen Fitzsimons
Inspector John Murphy (interrogated Breatnach in Bridewell tunnel and locker room)
Thomas Ibar Dunne (interrogated McNally, Kelly and Breatnach pinpointed by McEntee S.C., as an “expert” interrogator)
Thomas Fitzgerald (interrogated Breatnach in Bridewell tunnel and locker room)
Philip Bowe
Fintan Dunne
Brendan Breen (P.O. in Portlaoise who examined Breatnach on admittance to Mountjoy confirmed bruising)
Joseph Holland
Adrian O’Hara
Patrick Cleary
Martin Dowling
Thomas King
Joseph Holland
Michael Noonan
Richard Murphy
Patrick Raftery
Hubert Reynolds
Patrick Waters
Patrick Byrne
Joseph Collins
Patrick Culhane
Bernard Cullen