Miscarriage of justice certificate granted to Osgur Breatnach
Osgur Breatnach
Human rights organisations have welcomed the decision of the Court of Appeal to grant Osgur Breatnach a miscarriage of justice certificate in relation to his wrongful conviction for the 1976 Sallins Train Robbery.
Mr Breatnach, who was convicted in the Special Criminal Court of taking part in the Sallins mail train robbery, alongside Brian McNally and Nicky Kelly, was granted the certificate yesterday. He was convicted in 1978 and sentenced to 12 years, but later acquitted on appeal.
The two juryless trials were notorious for their length (the longest in Irish criminal history), the Sleeping Judge issue and the perjury of the Garda Heavy Gang.
After the ruling Osgur Breatnach said: “This Certificate is another step closer to an Independent Public Inquiry into our treatment from the day of our arrest.
“I’d like to thank my family and relatives, my legal teams and campaigners who continue to support me and the other Sallins Men.”
He added: “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.
“The Government continues to refuse to establish an independent public inquiry into our treatment from the day we were arrested. That is a disgraceful position. The State is not interested in investigating criminal activity by its own servants and agents. It is an untenable position. The public are told it is an historic case. It is not historic. It is current and unresolved. There is unfinished business. The Government seems content with leaving criminal activity go unpunished, unrecognized, or not confronted; they are content to leave a stain on the name of An Garda Síochána.”
The Irish Council for Civil Liberties (ICCL), Amnesty International Ireland, the Committee on the Administration of Justice (CAJ), Fair Trials and the Pat Finucane Centre, have all long supported the cause of the six men known as the Sallins Men who were wrongfully accused, detained and tortured, and in the case of three of the men, convicted of having carried out the Sallins Train Robbery.
ICCL executive director Joe O’Brien, said: “Our organisations have repeatedly called on successive governments to establish a public, independent and human rights-compliant investigation into the case of the Sallins Men in line with the State’s obligation under Article 3 of the European Convention on Human Rights.
“The men’s lives were irrevocably changed by what happened to them following their arrests. They have endured ongoing inhuman and degrading treatment arising from their detention, torture, imprisonment and vilification of their characters. And yet the Irish State has systematically failed to address their treatment and the failure of the systems which enabled this treatment to occur.
“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.”

