The Irish Mail on Sunday

Kerry Babies saga might as well be a jail cell for Joanne

- Eithne Tynan

T THE entrance to the village of Ballinspit­tle in Co. Cork stands a plaster effigy of the Blessed Virgin which reputable sources agree has not moved for the past 30 years (at least). For decades she’s been frozen there, mutely testifying to the past for posterity, and every so often we take a good look at her to remind ourselves of who we were.

Meanwhile, about 75 miles northwest of Ballinspit­tle, there’s another silent vestige from the Year of Moving Statues, also subject to renewed scrutiny this week with the release of the 1985 State papers. It’s now more than 30 years since Joanne Hayes unwittingl­y and unwillingl­y became an emblem of everything that was wrong with Eighties Ireland, and all these decades later, she still can’t move on. We keep looking at her to remind ourselves of who we were.

Hayes was never convicted of any crime – though not for want of trying. For those who weren’t born then (and congratula­tions on turning 30) the story in summary was this: Hayes was a single mother having an affair with a married man – crime enough in those days – and on April 12, 1984, she gave birth to a child at her farm at Abbeydorne­y, who did not survive.

However, the gardaí appeared determined to pin on her the murder of another newborn found at Trá Bán in Cahircivee­n two days later.

THEY were not put off by the fact that the Cahircivee­n baby’s blood type was different to that of Hayes and her lover, Jeremiah Locke. They surmised that Hayes had had twins by different fathers in a rare case of heteropate­rnal superfecun­dation; they even postulated a nonexisten­t third baby at one point. Eventually, with the scientific evidence stacking up, the State dropped the murder charge in October.

Hayes and her family had confessed to some part in the killing of the Cahircivee­n baby, statements they claimed were extracted under duress, so Michael Noonan, then justice minister, establishe­d a tribunal to investigat­e, which led to public outcry and picketing. Hayes was subjected to aggressive, intrusive questionin­g and allegation­s that she had done her own baby to death, although there was not the medical evidence to support this.

The gardaí, meanwhile, were more or less exonerated. The Kerry Babies affair was a watershed in the history of Irish jurisprude­nce and of Irish feminism. Because of it, Joanne Hayes, who stands four feet eight-and-three-quarter inches in her bare feet, became a towering symbol of a society at a turning point.

On Wednesday, as newspapers and broadcaste­rs began poring over the Kerry Babies case yet again, did anyone spare a thought for the tiny 56-year-old Kerry woman who has now spent more than half of her life in a desperate and evidently futile pursuit of obscurity?

My own sympathies were clearly kindled warmly enough to burn off any sense of irony. When feeling troubled about extensive media coverage of the private life of a private citizen, the best course is not to contribute another half-page to it. Hypocrisy aside, though, arguments for privacy do sometimes have to be made in public. The Kerry Babies affair is pored over publicly time and time again, not least because Gerry O’Carroll, erstwhile Murder Squad detective and latterday media darling, still believes Hayes gave birth to the Cahircivee­n baby, and has taken several opportunit­ies to say so.

In his Evening Herald column last year, for instance, he repeated the discredite­d theory that Ms Hayes had given birth to the Tralee and Cahircivee­n babies.

O’Carroll seems to have abandoned the outlandish superfecun­dation theory and has now decided that there must have been a slip-up with the blood samples instead, but he’s not letting it go.

Joanne Hayes, by contrast, doesn’t do media.

She appeared on the Late Late Show in 1985 to talk about her book, My Story, in which she wrote: ‘My life has become public property and my body a subject for discussion all over the world.’ Since then she has not given interviews and even her book is no longer in circulatio­n, because the gardaí who she accused of mistreatme­nt – including O’Carroll – secured a record out-of-court libel settlement against the publisher, Brandon Books, in 1987.

Hayes broke her silence in 2006 to appeal to Nell McCafferty not to allow her book about the case, A Woman To Blame, to be made into a film.

‘I suppose you know the hurt, anguish and distress you are causing to myself, daughter, family and everyone involved in the case,’ she wrote. ‘It is 22 years ago, surely it should be left alone now… I have to live with the past every day and for the rest of my life.’

McCAFFERTY’S reply sounded a little callous but was undoubtedl­y true. ‘Unfortunat­ely, Joanne belongs to history,’ she told The Kerryman. ‘You couldn’t write Irish history without referring to Joanne Hayes.’

One of the planned films loosely based on the Kerry Babies affair – Out Of Innocence, starring Fiona Shaw and directed by Danny Hiller – is now in post-production, so there is little hope of privacy for Hayes in the foreseeabl­e future.

But consider this: if she had killed her baby – even if she had defied the laws of science by giving birth to two unrelated babies and killing them both – she would have done her time and got on with her life long before this.

Her mistake was to make history, and it’s a mistake she’ll never live down.

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