New informants contact gardaí in Kerry baby case
Minister pledges probe on why family signed confessions
GARDAÍ will be knocking on doors and seeking new witnesses as part of the fresh investigation into the Kerry baby murder case.
Investigators have confirmed they are not following a definite line of inquiry, but a number of people have contacted the incident room set up at Cahersiveen Garda station since the fresh investigation was launched on Tuesday.
Meanwhile, an investigation is to be finally launched into how Joanne Hayes and members of her family came to sign statements admitting involvement in the murder of Baby John in 1984.
Justice Minister Charlie Flanagan says there is “merit” in having a fresh probe into the Garda handling of the case. Taoiseach Leo Varadkar opened the door to a multi-million compensation payment for Ms Hayes, who was wrongly accused of murdering the baby.
AN INVESTIGATION is to be finally launched into how Joanne Hayes and members of her family came to sign statements admitting involvement in the murder of a baby in Kerry in 1984.
Justice Minister Charlie Flanagan has said there is “merit” in having a fresh probe into the handling of the case by gardaí.
It came as the Taoiseach opened the door to a multi-million compensation payment for Ms Hayes, who was wrongly accused of murdering Baby John.
Sources told the Irish Independent that the Government would like to reach quick agreement with the Hayes family without the need to resort to the courts. It is understood Mr Flanagan has already been in contact with their legal representatives.
The reopening of the case on foot of new DNA evidence has raised serious questions about the original investigation.
A 1985 tribunal cleared the Garda teams involved in general, while finding that the investigation was “slipshod”.
However, it took until this week for the force to issue a formal apology to Ms Hayes and fully acknowledge that she was not the mother of the infant found on White Strand in Cahersiveen.
Particular focus is now centring on why Ms Hayes and members of her family signed statements admitting involvement in the case.
“This was absolutely and totally unacceptable. We had a situation where statements and confessions were obtained.
“I would hope that we would be in a position to have many of those questions answered,” Mr Flanagan said.
However, he cautioned that it “may well be difficult to provide a conclusive level of evidence” because some gardaí involved
are dead and others are retired.
Taoiseach Leo Varadkar offered an apology on behalf of the State yesterday, saying Ms Hayes “evidently is a woman who was very badly treated by our State and our society in a way that so many other women have in the past”.
He said compensation was “something we can discuss with her representatives in the period ahead”.
Although Ms Hayes has never sued over her ordeal, there is precedent for compensation payments to be made without a binding legal obligation.
This has happened twice in recent years in cases involving women who were forced to travel abroad for abortions.
Another mechanism under which Ms Hayes could be compensated would be where her legal team brings a case and the State opts not to contest it. This is currently happening in the case of an intellectually disabled woman who was abused in foster care.
Mr Flanagan told RTÉ’s ‘Six One News’: “It’s important that as we proceed along the next steps towards compensation that we do so in a way that is discreet, in a way that’s private, in a way that’s speedy.”
Tánaiste Simon Coveney said there was no reason to delay paying compensation.
“Given the extraordinary circumstances of this case, I do not think it sets a precedent to try to deal with it in a sensitive way,” he said.
No figures have been proposed for redress, however experts noted in 2005 Frank McBrearty Jnr and his wife Patricia settled a number of claims against the State for €1.5m arising from alleged malicious prosecution, wrongful arrest, planting of evidence and false arrest. His father Frank Snr was awarded almost €2.5m for police harassment.
Ms Hayes was known to be pregnant when a baby’s body was found on White Strand Cahersiveen on April 1984.
Gardaí pursued the theory that Ms Hayes was the killer even after the body of her baby boy was found on the family farm in Abbeydorney.
Detectives theorised the babies were born by “heteropaternal superfecundation”, meaning they were twins with different fathers. in