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­ Miscarriage of justice certificate granted to Osgur Breatnach

Tá raitis ar fáil trí Gaeilge anseo

Osgur Breatnach, who was convicted in the Special Criminal Court of taking part in the Sallins mail train robbery, alongside Brian McNally and Nicky Kelly, has today been granted a miscarriage of justice certificate. Osgur was convicted in 1978 and sentenced to 12 years, but later acquitted on appeal.

The two juryless trials were notorious for their length (the longest in Irish criminal history), the Sleeping Judge issue and the perjury of the Garda Heavy Gang.Irish and international human rights organisations, including Amnesty International, Fair Trials, the Pat Finucane Centre, Committee on the Administration of Justice and the Irish Council for Civil Liberties continue to campaign for an independent public inquiry into the Sallins Men’s treatment, from their arrest to the present day.

Osgur’s thoughts in particular will be with his dear friend Brian McNally, also wrongly accused of the mail train robbery, who passed away in recent weeks before seeing justice.

The DPP accepted that Osgur had no hand, act or part in the robbery. They also accepted the false inculpatory statement of fellow accused John Fitzpatrick (induced by torture) which led to Nicky Kelly receiving a Presidential Pardon, also equally relates to Breatnach.

Osgur is continuing to call on the Government to establish an independent public inquiry into the Sallins mens’ treatment from the day they were arrested. He believes the State is not interested in investigating criminal activity by its own servants and agents.

After the ruling Osgur Breatnach said
“This Certificate is another step closer to an Independent Public Inquiry into our treatment from the day of our arrest.

“I’d like to thank my family and relatives, my legal teams and campaigners who continue to support me and the other Sallins Men.

“Six weeks ago, I attended the funeral of my friend Brian Mc Nally. He was also a victim of the Miscarriage of Justice caused by the scandal of the Sallins Mail Train Robbery case. He did not live long enough to even witness the measure of vindication I received today. Like me and Nicky Kelly we have all been accepted by the DPP as not having any hand act or part in that crime.

“We are not just Innocent men, we are victims of serious crimes against us.

“False alleged “confessions” were coerced through brutality and torture. This so called ‘evidence’ was backed up by perjury in the witness box of the Special Criminal Court by many of the 50+ gardaí who gave evidence.

“As a result of deliberate criminal actions by the State, bringing about systemic injustice, resulting in prolonged unjust imprisonment, damage to our health, as well as destroying our reputation and permanently affecting our lives, we are still calling for an independent public inquiry. We are entitled to the inquiry under International and European conventions as well as under our own Constitution.

“The Government continues to refuse to establish an independent Public Inquiry into our treatment from the day we were arrested. That is a disgraceful position. The State is not interested in investigating criminal activity by its own servants and agents. It is an untenable position. The Public are told it is an historic case. It is not historic. It is current and unresolved. There is unfinished business. The Government seems content with leaving criminal activity go unpunished, unrecognized, or not confronted; they are content to leave a stain on the name of An Garda Síochána.

“Despite suffering severe and permanent effects on my own health I stand here today to call out the continuing systemic injustice and the moral cowardice of many in authority who are content to preside over it and defend their own inaction, which amounts to complicity in these crimes.

“We want to know

“Who ordered Patrick Cooney, then Justice Minister, to order the Garda Commissioner, Ned Garvey, to form and direct the illegal Garda Heavy Gang?

“Why have the government of the day and every government since refused to carry out their obligations under their agreements with the UN and the European Convention of Human Rights to hold an independent public inquiry in the face of torture allegations?

“What have every government to date been hiding with their amnesty for the Heavy Gang and others who have participated in a conspiracy to pervert the course of justice?

“When will the government stop hiding the truth?

“Where is the reality of article 40 of the Constitution which protects every citizen?

“Human rights have no sell-by date.

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