Man falsely convicted of Sallins train robbery seeking public inquiry

Osgur Breathnach at his home in Dublin. Mr Breathnach wants a public inquiry into events leading to his false conviction in the Sallins mail train robbery case in 1976.  Picture: Moya Nolan

A man who was the subject of a major miscarriage of justice case is petitioning the UN to force the Irish state to conduct an inquiry into the matter. 

Osgur Breatnach, who was one of three men convicted and subsequently cleared of the Sallins mail train robbery in 1976, wants a public inquiry into events which included the abuse in garda custody of a number of men and the obtaining of false confessions under “oppression”. 

His campaign is being supported by Amnesty International, the Irish Council for Civil Liberties and a range of figures across society, including retired judge Pat McCartan and former UN co-ordinator Dennis Halliday.

Mr Breatnach’s solicitor Kevin Winters told the Irish Examiner that he is also preparing a formal application to the government to conduct the inquiry. 

Unresolved

“The unresolved issues connected to this case are still a matter of public concern and we have prepared a formal application to the Irish government,” he said.

In 1978, the Special Criminal Court convicted Osgur Breatnach and Bernard McNally for the 1976 robbery of the night mail train at Sallins, in Co Kildare. Seventeen months into their sentences of 12 years and nine years penal servitude, respectively, the Court of Criminal Appeal ordered their release from Portlaoise Prison. Picture RTÉ

Liam Herrick, executive director of the ICCL, said that the state is obliged account for past wrongs. 

“There was a clear miscarriage of justice against torture victim Osgur Breatnach and it is high time the state acknowledged that via a public inquiry. Otherwise, incidents like these will continue to cast a long shadow over the garda reform process and the very credibility of our police force.”

 A spokesperson said the Department of Justice “is not aware of any matter of public interest which would warrant reopening” the case. Mr Breatnach, Brian McNally and Nicky Kelly were convicted of the robbery and sentenced to long terms of imprisonment. 

All were eventually cleared after spending time in prison and the court of appeal ruled that the confessions, the only evidence against them, had been obtained by “oppression”. 

All three received large settlements from the state. The precise nature of the “oppression” cited in the court was never examined.