‘VERY SERIOUS SIGNIFICANT ISSUES RAISED’- JUDGE
After 45 years the Sallins Case is being reviewed in the High Court. This follows an application by Osgur Breatnach for a Miscarriage of Justice Certificate.
Osgur Breatnach was one of those framed for the Sallins Mail train robbery in 1976, receiving a 12-year prison sentence.
His appeal resulted in the quashing of both sentence and conviction in 1980.
High Court judge Mr Justice Edwards stated he had read all the paperwork which clearly raised ‘serious issues’ and that ‘every effort should be made’ to progress the matter.
The case is set for rehearing on October 24th by which time the state is to have submitted its defence, if any. Court Ref No. 114 CPA/ 2925
NEW EVIDENCE
Breatnach has presented a detailed and extensive Affidavit to the court, with numerous proofs. Court Ref No. 114 CPA/ 2925
The new evidence includes:
- Scientific evidence that the statement attributed to Breatnach was not in fact worded by him;
- Evidence of State suppression of discovery of relevant documents to him exposing the frame up;
- Evidence of State suppression of state knowledge of the existence of the Garda Heavy Gang;
- Attorney General advice that neither Breatnach nor any of his co-accused would be charged if the same case were to come up now.
Court asked to recognise ‘Sallins Man’ as victim of miscarriage of justice
Kevin Winters
One of the so-called ‘Sallins Men’ has returned to court for the first time in 45 years in a bid to have his conviction formally declared a miscarriage of justice.
Belfast firm KRW LAW is acting on behalf of Osgur Breatnach, one of the six men arrested and allegedly beaten by gardaí following the 1976 Sallins train robbery.
Convicted in the Special Criminal Court on the basis of what he alleges was a forced ‘confession’, Mr Breatnach ultimately succeeded in quashing his conviction on appeal in 1980.
However, his lawyers say he has never been fully exonerated due to the State’s failure to concede that his conviction was a miscarriage of justice.
There have been repeated calls for a statutory public inquiry into the Sallins case, but the government has said it does not believe there is any “urgent public interest” in an inquiry.
Mr Breatnach’s lawyers have now filed an application under section 9 of the Criminal Procedure Act 1993, seeking to have his prosecution certified as a miscarriage of justice.
The application cites RTÉ investigations into the so-called ‘Heavy Gang’ alleged to have extracted false confessions from a number of detainees in the 1970s and 1980s.
Following a preliminary hearing yesterday, a hearing date in the Court of Appeal has been fixed for 24 October 2025.
Human rights lawyer Kevin Winters said: “We say the information now widely known about the gardaí who tortured Osgur, together with the systemic practices of the so called ‘Heavy Gang’, requires fresh judicial oversight.
“We are confident the court will engage positively on what we feel is a credible and strong application.
“It has taken a long time to get to the point for Osgur. I commend his absolute determination and resolution to see this through to a conclusion.
“He isn’t alone, as history has shown repeatedly that the road to getting justice and closure is often replete with delay and obfuscation.
“To that end, the Sallins injustice debacle is no different from so many other long-running unresolved miscarriages where victims still await their day in court.
“Osgur’s first day in court after nearly half a century arrived today. He looks forward to the hearing date fixed this morning.”
What is a Miscarriage of Justice Certificate?
A Miscarriage of Justice Certificate (Section 9 Criminal Proceedure Act 1993) was introduced into Irish law after co-accused Nicky Kelly in 1992 received a Presidential Pardon on his 12-year sentence, there being no other legal remedy available to remedy his wrongful conviction.
To award a Miscarriage of Justice Cerificate to Breatnach there must be evidence available now that was not available during the trial or at his 1980 Appeal.
Osgur Breatnach in 1976, commencing a long battle for justice to expose his kidnapping, tortured, framing and wrongful imprisonment.
