‘IT CASTS A SHADOW ON OUR CRIMINAL JUSTICE AND POLICING SYSTEM’ -Government.
Replying to the media and even, shamefacedly and straight-faced, to the Irish Parliament responding to calls for a public inquiry into the Sallins Case, the government frequently trot out neither the whole truth, nor partial truth, but damned lies .…‘the question raised concerns an investigation conducted almost 50 years ago…’ (Statement from Justice Ministry to Dail .)
Trying to obscure matters, governments pretend to respond to the demands for a public inquiry. They talk only about the so-called criminal investigation by Gardai into a robbery. What we and a vast majority of the community and human rights organisations are referring to is an inquiry into the torture and framing of the Sallins Men- AND THE CONTINUING GOVERNMENT COVER-UPS!
WHAT INVESTIGATION?
Two senior Gardai, Superintendent Robinson (Store St) and Superintendent Henley (Fitzgibbon St), were delegated to make inquiries about allegations of torture made by the Sallins Men and international human rights groups and others across the media and civil society in April 1976.
They interviewed all Gardai involved in the Sallins case. Their investigation only consisted of asking two questions.
- Who did you interview?
- Did you beat them?
All the gardai interviewed answerd “No” to the second question, following advice from the Central Detective Unit (Evidence of a Det Tomas Fitzgerald during the first trial of the Sallins Men.)
The Superintendents reported their findings, and the matter was put to rest. From then on, the Gardai and government said they had investigated the allegations and found them baseless.
And the report? Chief Superintendent John Joy (same trial) testified that ‘the file was submitted to Garda Headquarters and lost.’
Consequently, this report could not be used to help identify which Detectives ‘interrogated’ the Sallins Men, as Bridewell records identifying Detectives present in the Bridewell were torn from the Occurrence Book, according to Garda trial evidence. Only the gardai had access to the Occurance Book.
CULMINATED? -NO IT DIDN’T!
Government statements continue: ‘…and which culminated in the Courts overturning the convictions of two people in 1980; a pardon for one individual in 1992; and the payment of financial settlements.’
This butchery of the English language is equivalent to the butchery of the rights of the Sallins Men during their targeting, torture, framing, mock trial, jailing and ongoing cruel and inhuman treatment. If the required investigation has not commenced, how can it have culminated in anything?
The inquiry directed by European and International law and all Irish human rights organisations is into the behaviour of the gardai and the Irish State. Not the fake criminal investigation by the Gardai.
A petition demanding such an independent public inquiry, compliant with international human rights standards, into the arrest, detention, interrogation, prosecution and conviction of the Sallins Men is sitting with the Justice Minister for almost two years- ignored.
PARDON? FINANCIAL SETTLEMENTS?
The government statements refer to ‘a pardon for one individual in 1992; and the payment of financial settlements.’
The Presidential Pardon granted to one of the Sallins Men, Nicky Kelly, was not initiated by the government. It followed years of campaigning, exile, jail time, a plethora of legal cases and a long 38-day hunger strike. He received some compensation BUT the failure to discover crucial documentation to his solicitors, invalidates any ‘settlement’.
The other ‘financial settlements’ for the remaining Sallins men was equally on the back of failure to discover crucial documentations to their solicitors. It was paid only to cease their civil actions. The State REFUSED to offer any compensation, continuing to deny any wrongdoing. As they do to this day.
Osgur Speaks Outside the Court
Extensive Media Reaction to Court Decision
Ráitis ó Osgur Breatnach Tar Éis Bronnoadh Teastas Eaéagóra Breithiúnaí Air
Miscarriage of justice certificate granted to Osgur Breatnach
SALLINS TRAIN ROBBERY FRAME-UP CASE FOR FÉILE
MOVIE ON SALLINS MAIL TRAIN ROBBERY SAGA IN DEVELOPMENT
WHAT SHADOW?
‘…this case undeniably cast a shadow on the trust we place in our criminal justice and policing…’ continues the government statement.
What shadow? Torture is a shadow? Criminal conspiracy to pervert the course of justice is a mere shadow? Not worth investigating? To ensure there is no repetition? Or gauging its contamination across the system? But worth promoting its perpetrators?
SAFEGUARDS?- IT COULD HAPPEN AGAIN TOMORROW!
‘However, it should be emphasised that this case occurred several decades ago and the safeguards which were available at that time to those who were the subject of investigation were very different to those now in place’ says the government statement.
This case did not end ‘several decades ago.’ It continues. And similar miscarriages of justice can happen again at any time. As indeed it did many years later in the case of the Hayes family in the Kerry Babies case.
There were safeguards in place in 1976 (during the Sallins tortures) and the 1980s (Hayes Family tortures). The safeguards were in the Constitution and the law- but they were not adhered to. The government and the courts gave the violators carte blanch to ignore them. The Gardai, cabinet ministers and officials were clear in the understanding that there would be no repercussions. And there weren’t. Except for the victims. To this day.
WHAT WARRENTS A COVER-UP?
The government statement adds: ‘Given all of the developments that have taken place in the intervening years including the adjudication by the Courts and the granting of a presidential pardon, …not aware of any matter of urgent public interest which would warrant reopening the matter.’
Despite that, of course, the case is still open! So examining the cover-up of a state policy of torture of its citizens, (‘endemic’ in the gardai- Amnesty International), forcing victims (and citizens across the political, social and community sector) to campaign for 50 years, incurring stress and strain and health damage, long and numerous court cases, jailtime, hunger strike and further inflicting cruel, inhuman and degrading treatment on citizens, is not an urgent matter of public interest?
STATE CONCERN IS A LIE
The falsehood of the government can be further gauged by its response to queries about the status of the ICCL petition (supported by Fair Trials International, the Irish Council for Civil Liberties, the Pat Finucae Centre and Committee for the Administration of Justice):
‘I can, however, assure the Deputy that the petition from the Irish Council for Civil Liberties continues to receive attention and a response will issue in due course.’
