Minister and Garda Commissioner apologise to Joanne Hayes, who was 'oppressed by the organs of the State'
Joanne Hayes was wrongly accused of murdering an infant over 35 years ago. File Photo: Eamonn Farrell/RollingNews.ie
The Minister for Justice and the Garda Commissioner yesterday in the High Court expressed “deep and sincere regret" to Joanne Hayes for the “truly appalling hurt and distress" caused to her and her family.
Joanne Hayes was wrongly accused of murdering a baby found on a Kerry beach more than 35 years ago.
The statement was made in court as Ms Hayes and her family settled an action against the State over the events which became known as the Kerry babies case.
As part of the settlement, the family also secured declarations from the court that all findings or wrongdoing made against them by the Kerry Babies Tribunal that took place between late 1984 to mid-1985 were unfounded and incorrect.
Ms Justice Leonie Reynolds also made a declaration that the questioning, arrest, charge, and prosecution on dates between April and October 1984 was unfounded and in breach of the family's constitutional rights.
In the statement read out in Court No 3 of the Four Courts, justice minister Helen McEntee and Garda Commissioner Drew Harris said about the Hayes family:
It also said the minister and the Garda Commissioner wanted to “ sincerely reiterate” a previous apology to Ms Hayes and extend it to her family.
Counsel for the Hayes family, Liam Reidy SC, with Padraig Mac Cartan SC, told the court they were not asking to set aside the report, just seeking the declarations which will now be appended to all official copies.
He said it would be “the vindication Joanne Hayes so desperately needs” and it would “show how one woman of 24 years of age could be oppressed by the organs of the State”.
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Ms Hayes and her family, including her daughter, had launched legal proceedings last year against the Garda Commissioner, the DPP, the Minister for Justice, the Attorney General, and the State. In the High Court earlier today, proceedings against the DPP were discontinued.
The Hayes family from Abbeydorney, North Kerry, were not in court to hear the apology. Their counsel Liam Reidy SC told Ms Justice Leonie Reynolds they intended no disrespect, but wanted to maintain their privacy.
Along with other members of her family, Joanne Hayes was questioned in May 1984 by gardaí following the discovery of a newborn boy — called baby John — with multiple stab wounds on White Strand, near Caherciveen, Co Kerry, on April 14, 1984.
Ms Hayes, who was single, was accused of being baby John’s mother and of murdering him. Her family were accused of concealing the birth of a child.
The charges were dropped in October 1984.
Neither the parents nor the killer of the baby have ever been identified.
Around the same time baby John was discovered, Ms Hayes, from Abbeydorney, had given birth to a baby, Shane, who was either still-born or died of natural causes soon after birth, and was buried on the family farm.
Despite the two babies having different blood groups, gardaí alleged they were twins.
Tests carried out in 2018 using DNA technology concluded the baby found in Caherciveen could not have been Ms Hayes’s. Official apologies were issued to Ms Hayes at that time.
In court yesterday, Mr Reidy said it was a simple question how five different people in five separate rooms could make statements admitting to murder, and he said it was their contention that the tribunal had fallen into error.
Ms Justice Leonie Reynolds, who noted the settlement of the actions, said it had been a harrowing ordeal for Ms Hayes and her family which had spanned 35 years and it could only be described as a travesty.
She said she hoped it would bring closure to the family and “a dark period in Irish history”.
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