50 YEARS OF DAMAGE – VICTIMS SEEK INDEPENDENT STATUTORY INQUIRY

Clive Sulish

(Reading time main report: 6 mins.)

“Six innocent men” … “Garda oppression and perjury’ … “Longest case in the history of the State”

Four leading human rights organisations this week delivered a petition to the Irish Government asking the Minister for Justice to establish an inquiry into the abuse suffered by six innocent men in the Sallins case almost half a century ago.

Not to do hold such an inquiry, maintained Liam Herrick of the Irish Council for Civil Liberties at a press conference on Tuesday, is to continue the abuse of the victims’ human rights and to fail to prevent such an abuse in the future.

*Osgur Breatnach, Liam Herrick and Nicky Kelly at the petition launch press conference* (Photo: *Rebel Breeze*)

Apart from the ICCL, the other three organisations pushing the petition are the Committee for the Administration of Justice (CAJ), the Pat Finucane Centre (PFC) and Fair Trials; the first three are Ireland-based organisations and Fair Trials is a global criminal justice watchdog.

The six innocent men were named as Osgur Breatnach, Michael Barrett, John Fitzpatrick, Nicky Kelly, Brian McNally and Michael Plunkett (deceased^¹).

At the time in 1976 all were members of a legal political party (the Irish Republican Socialist Party) but were tortured and some jailed in the Irish state.

In the longest series of trials in the history of the State, three of the men were sentenced at the end of 1978 to prison terms of between nine and twelve years each on the basis of no ‘evidence’ but their confessions obtained by torture and which in court they completely retracted.

Michael Plunkett, who had signed no confession walked free while Nicky Kelly absconded the day before the sentence, eventually reaching the USA where he remained until a strong campaign saw Breatnach and McNally freed, whereupon Kelly returned to Ireland and was immediately jailed.

Although the nature of the ‘evidence’ against Kelly was of the same kind as that which had been declared ‘unsafe’ for Breatnach and McNally, Kelly remained in jail forfour-and-a-half years, despite another strong campaign^² and was only freed eventually on ‘humanitarian grounds’^³.

PRESS CONFERENCE

ICCL’s Liam Herrick chaired the conference in Buswell’s Hotel^⁴ flanked by survivors Osgur Breatnach and Nicky Kelly, while Chris Stanley of KRW Law sat nearby, all facing the audience which included Sinn Féin’s Pa Daly TD^⁵ and Fionna Crowley of Amnesty International.

Opening the proceedings, Herrick listed the four organisations backing the call for an inquiry and pointed out the present-day relevance of that call, both in terms of the survivors and their families and in terms of wider society.

Not to have that inquiry would be an ongoing violation of human rights, Herrick maintained and pointed out that the ICCL was founded arising out of concerns regarding the post-Sallins robbery arrests and the activities of the Garda CID unit colloquially known as the “Heavy Gang”.

The ICCL Director stated that they could not rest until the demand for an inquiry was met and referenced also “crucial legislation before the Oireachtas”^⁶ and recognition of past injustices in a series of TV documentaries linking the cases, in particular through actual Garda individuals.

Introducing Osgur Breatnach, Herrick acknowledged the leading role he had played in keeping the demand for the inquiry going over the years.

Breatnach read from a prepared statement that there had been cases of torture, perjury and framing innocent people in England, Northern Ireland and the Republic.

It was wrong and hypocritical of the State raising concerns about cases elsewhere not to hold an inquiry into the Sallins case, of which there had been five trials, one the longest in the history of the State.

Breatnach said he went through the process expecting to be jailed but to expose the political nature of their persecution; his and McNally’s convictions were overturned, the ‘confessions’ having been obtained by oppression but despite that none were indicted for that oppression.

Breatnach concluded saying that the State’s refusal to hold an inquiry amounted to cruel and inhuman treatment of the victims and their families and that without the investigation of an inquiry a similar scenario could be repeated at some point ahead.

Nicky Kelly, introduced by Herrick thanked the ICCL for organising the events that day. Speaking apparently ex-tempore with perhaps reference to some bullet-points, he expressed the opinion that the State wanted the victims to die so that they had no need to hold an inquiry.

“Ireland has an impeccable reputation with regard to foreign relations,” Kelly said, but not so within the state. He believed that the Sallins case is “too big in its implications for politicians, judiciary and police force” and all attempts to investigate were obstructed by successive governments.

Liberal politicians in government have been “no different from the rest”, the Wicklow man said and referred to his own personal battle even to get out of jail after the ‘evidence’ to convict him had been discredited and how he had been obliged to undertake a hunger strike to be freed.

Now, rather than hold the inquiry into what went on, they were waiting for him “to be over and done with” Kelly said in conclusion.

Herrick introduced Chris Stanley of KRW Law who said that cases such as the Birmingham pub bombings and the Dublin and Monaghan bombings, like the Sallins one, all related to the recent conflict and required investigation for the sake of the victims.

*Chris Stanley of KRW Law speaking at the petition launch press conference* (Photo: *Rebel Breeze*)

Stanley commented that perhaps the State had been too reliant on the Good Friday Agreement for resolution of these matters.

Commenting on the UK’s new legislation blocking much resolution of historic cases, all but become law, the solicitor regretted the UK had chosen to disengage from Europe but remarked that that they remained signed up to the European Commission of Human Rights.

From among the seated audience, Fionna Crowley of Amnesty International spoke to underline the importance of having an inquiry into the case and that her organisation had been in support of the victims’ campaigns and was fully in support of the current petition for an inquiry.

Breatnach acknowledged that within one week of the arrests, Amnesty had raised public concerns about them.

DELIVERY OF PETITION TO DEPARTMENT OF JUSTICE

After the conclusion of the press conference with Herrick’s summing-up and thanks to those in attendance, Herrick and ICCL staff along with Chris Stanley, Breatnach, Kelly and a couple of others walked to the Dept. of Justice’s offices on the south side of Stephens Green.

*Delivering the petition to the Department of Justice: (from bottom up) Nicky Kelly, Osgur Breatnach, Chris Stanley, Liam Herrick.* (Photo: *Rebel Breeze*)

Pausing for some photos to be taken, a delegation entered the building and presented the petition. Then some more photos were taken outside and Breatnach was interviewed by a TG4 reporter in Irish and Nicky Kelly in English while a light rain began to fall.

*TG4 (Caoimhe Ní Laighin) interviews Osgur Breatnach outside the Department of Justice in Stephen’s Green (Diarmuid, brother of Osgur is centre photo and Nicky Kelly to the right).* (Photo: *Rebel Breeze*)

The group split up into smaller groups then, the ICCL staff returning to their office to issue a press statement and others to hope, perhaps with further pushing, for positive developments further – but not too far – down the road. For all and for some much more than others, it’s been a long haul.

End.

*Outside the Department of Justice with copies of the four-agency petition (right to left): Liam Herrick of ICCL, Chris Stanley of KRW Law, victims/ campaigners Osgur Breatnach and Nicky Kelly* (Photo: *Rebel Breeze*)

APPENDIX (A): BACKGROUND

The IRSP was the result of a split from what had remained in Sinn Féin after an earlier split in 1969, the group leaving the party then calling themselves ‘Provisional Sinn Féin’.

Not all who had become unhappy with the direction of Sinn Féin departed into Provisional Sinn Féin because they perceived the new group as being much more nationalist than socialist and being also socially conservative.

After some internal struggle that section remaining within what became known as “Official Sinn Féin” left in 1974 under the leadership of Séamus Costello to form the IRSP.

The armed wing of the Republican movement had split along the same lines into Provisional IRA, Official IRA and the Irish National Liberation Army, the latter loyal to the perspective of the IRSP.^⁷

Bernadette Devlin (now McAlliskey) and Tony Gregory (now deceased) were on the IRSP’s Executive but however departed soon afterwards from the party on what they perceived as the dominant relationship of the armed group INLA to the political party.

It appears that the Irish State at that time viewed the IRSP as more dangerous than the two Sinn Féin parties and determined to ensure its demise, framing them for the Sallins Mail Train Robbery in March 1976.^⁸ And framing, rather than mistaking, it was.

The 40 arrested included IRSP members who, tortured by the SDU Garda unit known colloquially as the “Heavy Gang”, confessed to participating in the robbery but who could not possibly have been there. The State decided to put on trial those whose only alibis were with family.

The court chosen was the Special Criminal Court, set up under the Offences Against the State Act in the panic of the 1974 Loyalist and British Intelligence Bombing of Dublin and Monaghan which somehow got blamed on Irish Republicans. The SCC has three judges and no jury.

Until the SCC moved to the court building near the main gate to Phoenix Park, it was located in Green Street, in the very same building where Robert Emmet was tried in 1803 and sentenced to death, his sentence carried out in public in Thomas Street, in the Dublin Liberties area.

The Four IRSP eventually selected for the second of what became four trials included senior member of the party’s Executive and the Editor of its newspaper, The Starry Plough, Osgur Breatnach.^⁹

In the second trial, one of the three judges hearing the case was regularly seen to be sleeping. Only after the judge died suddenly was there another retrial ordered.

In the fourth trial, Kelly being tried in his absence, the judges accepted as fact^¹⁰ the Prosecution case that the injuries of the accused were due to beating one another up (in Breatnach’s case, that he’d beaten himself up) and that their withdrawn confessions were true.

Mick Plunkett, in the absence of a ‘confession’, was found not guilty but the other three were sentenced to 12 years in jail. In May 1980 Breatnach and McNally were freed by the Appeal Court on grounds that they had suffered ‘oppression’ and that their confessions could not be relied upon.

No investigation took place into who had carried out the ‘oppression’ or how the judiciary had jailed the victims purely on withdrawn confessions and Garda perjury or which political decisions by whom were behind it.

Nicky Kelly returned to Ireland in 1980 — but to jail.

He was only freed by a Minister of Justice on ‘humanitarian’ grounds after four-and-a-half years in jail, a strong campaign seeking his release and finally a hunger strike of 38 days which pushed the European Court of Human Rights to agree to hear his case.

He received a presidential pardon in 1992 from Mary Robinson and in 1993 Breatnach, McNally and Kelly were awarded compensation, allegedly a six-figure amount. But to get that, they had to forgo any litigation on torture or police brutality.

No official inquiry has ever been carried out in the whole set of State actions and in fact some of the Heavy Gang went on to force false confessions from others, most notably the Joanna Hayes and relatives case.^¹¹

APPENDIX (B): SUPPORTING STATEMENTS FROM OTHER ORGANISATIONS

Also speaking elsewhere on the day, Director Daniel Holder of the Campaign for the Administration of Justice said they support this call and that

“an inquiry into the case of the Sallins Men is long overdue.”

He went on to say that “Over the last few years inquests and other legacy mechanisms in the north have been finally delivering like never before for families who have had to wait decades.

“They are providing important historical clarification for victims and accountability for past human rights violations but now face being shut down by the notorious UK Legacy Bill.”

Pat Finucane Centre (PFC) Director Paul O’Connor said that

“PFC welcomes this demand to the Irish Government for a human rights compliant investigation into the miscarriage of justice that followed the Sallins Trains Robbery 1976.

For too long human rights violations that occurred in the Republic of Ireland during the Conflict have been at best marginalised or at worst ignored.

Successive Irish governments have either relied upon the British to address the investigatory deficit of the Conflict or deflected it as an inconvenient non-issue.

“Now the human rights deficit created by those successive Irish governments is clear – and will be clearer when the legislative effect of the British Legacy Act starts to bite.

The Irish Government was right to challenge the British about the use of torture suffered by the Hooded Men; now it must look to its own police and criminal justice system and acknowledge the torture suffered by the Sallins Men.”

Verónica Hinestroza, Senior Legal Advisor at Fair Trials said:

“According to international standards, States must investigate complaints and reports of torture or ill-treatment.

We call on the Minister for Justice to ensure that a prompt, impartial and independent investigation is conducted into the allegations made by Mr Osgur Breatnach, Mr Michael Barrett, Mr John Fitzpatrick, Mr Nicky Kelly, Mr Brian McNally and Mr Michael Plunkett (deceased), considering that torture and ill-treatment violations are not to be subject to any statutes of limitation.”

FOOTNOTES

1 Michael Plunkett died last year; his memorial services were reported on in Rebel Breeze: https://rebelbreeze.com/2022/05/04/death-of-a-retired-warrior/

2 The campaign PRO was CaoilteBreatnach, a brother of Osgur’s and was supported by many people in the fields of politics and culture, including the band Moving Hearts who performed Christy Moore’s song about the Nicky Kelly case, The Wicklow Boy.

3 By Minister of Justice Michael Noonan after Kelly’s hunger strike of 36 days. According to law, Kelly had exceeded the time period after conviction permitted for registering an appeal and it was claimed that only a ‘pardon’ could set him free.

4 Buswell’s is across the road from Leinster House, the Irish Parliament building and is frequently host to political meetings and press conferences.

5 Recently appointed to Sinn Féin’s front bench as spokesperson on Justice, he is by profession a solicitor.

6 The title of the parliament of the Irish state.

7 The history of the IRSP is a separate and contentious story but suffice it to say that of the ten hunger strike martyrs in 1981, three were INLA; at one point a number of INLA factions were feuding within it leading to a number of fraternal murders. After the Provisional prisoners embraced the Good Friday Agreement and left the jails renouncing armed resistance, the much smaller contingent of INLA prisoners did the same. The IRSP remains a legal though much reduced political party.

8 The robbery was carried out by a unit of the Provisional IRA which however did not acknowledge operations carried out within the Irish State, to which ion 27^th April 1980 they made an exception in a public statement taking responsibility for the robbery. The Irish State chose to ignore their statement as had the British State when the Balcolme Street group ibn 1977 admitted in court their responsibility forthe Guildford Pub Bombingsfor which the UK had jailed the innocent Guildford Four and Maguire Seven.

9 Apart from anything else, the notion that prominent Executive members under constant police surveillance, including one regularly working on the newspaper in the Dublin office (in the days before this could be done from anywhere else), could carry out such an operation, was clearly ridiculous.

10 According to the Court of Criminal Appeal in the “Madden” Case in November 1976, Appeal Courts should usually accept as a finding of fact anything decided by the Special Criminal Court (SCC) to be a fact. Therefore although a court verdict of guilt or innocence can be overturned on appeal, a decision as to fact made in the non-jury Special Court cannot be overturned in any appeal court.

11 Three separate cases of false confessions obtained by Gardaí, including the Sallins and Joanna Hayes cases, were covered in the three-part documentary series Crimes and Confessions by the Irish TV channel RTÉ July 2022- January 2023: https://www.rte.ie/player/series/crimes-and-confessions/SI0000012595?

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