Courts / Kildare / Report
'No hand, act or part': Osgur Breatnach's wrongful conviction for Sallins train robbery declared a miscarriage of justice
Summary
The Court of Appeal declared Osgur Breatnach's 1978 conviction for the Sallins mail train robbery a miscarriage of justice. Ms Justice Isobel Kennedy, sitting with Mr Justice John Edwards and Mr Justice Paul Burns, granted the certificate based on Breatnach's asserted factual innocence and a newly discovered fact regarding John Fitzpatrick's alibi. The Director of Public Prosecutions did not dispute that Fitzpatrick's alibi constituted a newly discovered fact. Breatnach, who was originally sentenced to 12 years in prison by the Special Criminal Court, had his conviction quashed in 1980 after the Court of Criminal Appeal ruled his confession was obtained under oppression. He spent 18 months in custody before release. In his affidavit, Breatnach stated he had "no hand, act or part" in the robbery, a claim the DPP did not contest. Counsel Patrick Gageby SC argued that Fitzpatrick's alibi, which was never tested in court because Fitzpatrick disappeared before being charged, cast substantial doubt on all related convictions. The court found the threshold for a miscarriage of justice certificate was met. Mr Justice Edwards ordered that costs follow the event, as the applicant was completely successful. Breatnach, speaking outside court, described himself and the other "Sallins Men" as victims of serious crimes and renewed his call for an independent public inquiry into their treatment.
Who, what, where, when and why
What: Report matter: 'No hand, act or part': Osgur Breatnach's wrongful conviction for Sallins train robbery declared a miscarriage of justice. Procedural stage: appeal. Findings: Found guilty
When:
- March 31st, 1976 Incident
- December 1978 Hearing Or Sentence
- May 1980 Hearing Or Sentence
- April 1992 Other
- 2026-07-21 Publication
Why: Mr Gageby said Mr Fitzpatrick's alibi showed there had been a miscarriage of justice because, seemingly with advice from the Attorney General, it was concluded there were "very substantial question marks" over "any and all of the convictions". CNI source report
Case subjects
Applicant
Defendant
Finding: Found guilty
Outcome: Found guilty; He was also a victim of the Miscarriage of Justice caused by the scandal of the Sallins Mail Train Robbery case," said Mr Breatnach. "He did not live long enough to witness the measure of vindication I received today. "We are not just innocent men, we are victims of serious crimes against us," he said. "As a result of deliberate..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," he said. Mr Breatnach was sentenced to 12 years in prison, but his conviction was quashed in May 1980, after the Court of Criminal Appeal ruled that his confession had been obtained under oppression.
Places mentioned
- Special Criminal Court
- Court of Appeal
Topics
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