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Oscar Breatnach's Wrongful Conviction For Sallins Train Robbery Declared Miscarriage Of Justice

Osgur Breathnach who was convicted of the Sallins Train Robbery but later acquitted speaking at a press conference In 1993. Photo: Eamonn Farrell/© RollingNews.ie

The original robbery, involving over IR£200,000 stolen from a mail train, was one of Ireland’s most infamous heists

Oscar Breatnach's wrongful conviction for the 1976 Sallins train robbery has been declared a miscarriage of justice.

The mail train robbery took place on March 31st, 1976 when the Cork to Dublin mail train was robbed in Sallins, resulting in over IR£200,000 being stolen.

Osgur Breatnach, then a 25-year-old journalist and political activist, was arrested alongside five others.

No physical evidence tied Mr Breatnach to the crime, and a key witness later admitted her signed identification was written by gardaí.

The Special Criminal Court ultimately upheld coerced statements as valid, despite acknowledging Mr Breatnach was unlawfully detained and denied legal counsel.

Mr Breatnach was convicted in 1978 and sentenced to 12 years, but later acquitted on appeal.‌

The miscarriage of justice certificate was granted today by the Court of Criminal Appeal to Mr Breatnach under section 9 of the Criminal Procedure Act 1993.

Brian McNally and Nicky Kelly were also granted a miscarriage of justice certificate.

Human rights organisations including The Irish Council for Civil Liberties, Amnesty International Ireland, the Committee on the Administration of Justice, Fair Trials and the Pat Finucane Centre have been involved with supporting the six men who were wrongfully accused, detained and tortured.

In a statement today, Mr Breatnach said:

“We are not just innocent men, we are victims of serious crimes against us.

“False alleged ‘confessions’ were coerced through brutality and torture. This so- called ‘evidence’ was backed up by perjury in the witness box of the Special Criminal Court by many of the 50+ gardaí who gave evidence.

“As a result of deliberate criminal 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. We are entitled to the inquiry under International and European conventions as well as under our own Constitution.”

He is continuing his call on the Government to establish an independent public inquiry into the Sallins men’s treatment from the day they were arrested.

Speaking today on behalf of the five organisations outside the Criminal Courts of Justice, ICCL Executive Director Joe O’Brien, said:

“Today’s decision to grant a miscarriage of justice certificate to Osgur Breatnach – 50 years after the Sallins Train Robbery, 48 years after his wrongful conviction and 46 years after his acquittal – is a significant step forward in Osgur’s ongoing quest for justice and accountability. ICCL, Amnesty International Ireland, the Committee on the Administration of Justice, Fair Trials and the Pat Finucane Centre have all long campaigned to highlight the abuses and human rights violations which the Sallins Men experienced at the hands of the Irish State.

“The Minister for Justice claims that this case is historic and has told us that he is satisfied there is “no matter of significant public concern that would warrant reopening the case and establishing a Commission of Investigation”. We urge the Minister to reconsider his position. Two of the men are now sadly dead, Brian McNally just last month. Time does not diminish the human rights violations that were committed against these six men and how these live on for them and their families. Nor does it diminish their desire for justice. Our organisations will continue to campaign alongside these men for a public, independent and human rights-compliant investigation.”

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