Sister of babies born in Tuam mother and baby home gives notice over lack of criminal investigation
Lists of the names of dead children at the grotto on an unmarked mass grave at the site of the Tuam mother and baby home. File Picture: PA
The sister of two infant boys who it is feared died in the Tuam mother and baby home has issued a legal notice to gardaí over what she claims is the force's failure to launch a formal criminal investigation into their deaths.
Dubliner Anna Corrigan discovered in December 2012 that her mother Bridget Dolan had given birth to two boys in the former mother and baby home in 1946 and again in 1950.
Last week, it was revealed that forensic experts carrying out a mass exhumation at the Tuam site had discovered the remains of seven infants. The site is believed to contain the remains of at least 796 children who died during the home’s operation.
The Office of the Director of Authorised Intervention, Tuam (ODAIT), which is carrying out the exhumation, said a full analysis will be carried out on the infant remains to "estimate age at death".
Ms Corrigan said she was “shocked” and “deeply upset” at the news that the infant remains has been found. She has been trying to uncover what happened to her brothers for more than a decade, and she reported the case to gardaí. In recent years, she instructed a solicitor, Kevin Winters, to act on her behalf,
Mr Winters has now written to gardaí saying his firm has waited 18 months for an update on Ms Corrigan’s case. In correspondence, seen by the , he said: “Despite receiving assurances from gardaí way back in 2013-14 that her complaints would result in a formal criminal investigation, she is yet to receive any Pulse record numbers confirming such inquiry status."
“We have written to gardaí for over 18 months seeking a reply but, to date, none has been forthcoming. Assignment of formal criminal investigation status for the Tuam babies human rights scandal would have a number of benefits to Annie and all other next of kin."
He said that any action taken by the gardaí may “help identify whether or not specific individuals or institutions committed criminal offences of unlawful burial; neglect; falsification of records; or other offences”.
He accepted that while “criminal prosecutions would be extremely difficult, it would allow accountability”.
Ms Corrigan said she is “appreciative of the important work carried out to date by the ODAIT but, respectfully, assigning criminal investigative status brings justice transparency to another level than is currently the case”.
To that end, Mr Winters said Ms Corrigan has instructed his firm to issue formal pre-action correspondence threatening judicial review against gardaí.
Mr Winters, of KRW LAW, told the that Ms Corrigan has made every effort to find her brothers and reported their cases to gardaí both in her hometown in Dublin and in Galway.
“It’s utterly unacceptable and borderline farcical that’s she’s had to run from pillar to post in trying to get this important recognition for her campaign” he said.
"We now call upon the Garda Commissioner [Justin Kelly] to intervene immediately and make a decision on this important application. It’s compounding her trauma to be kept hanging on like this.
“Endless acknowledgments are useless. We need to know, one way or the other, and if it’s a refusal, well then at least tell us the reasons why.
“The courtesy of a reply is long overdue. It would be an important mark of respect for the hundreds of poor souls who met such a horribly fateful end.”
In a statement, An Garda Síochána said it does not comment on third party remarks.
"If the ODAIT finds evidence that human remains recovered from the site may have died due to violent or unnatural circumstances, or are not those of a person who died while ordinarily resident at the institution, An Garda Síochána and the local coroner will be notified," the statement said.
"An Garda Síochána will assess any such information provided to it by the ODAIT."
CONNECT WITH US TODAY
Be the first to know the latest news and updates
