A MAN IS seeking to have his wrongful conviction from more than 45 years ago for the Sallins train robbery declared a miscarriage of justice.

Osgur Breatnach, 75, was one of five members of the Irish Republican Socialist Party who were arrested in relation to the 31 March 1976 robbery in which an estimated £200,000 was stolen from the Cork-to-Dublin train in Co Kildare.

Breatnach was found guilty and sentenced to 12 years by the Special Criminal Court, but his conviction was quashed in May 1980 after the Court of Criminal Appeal ruled that his confession had been obtained under “oppression”.

He is now seeking to have his wrongful conviction declared a miscarriage of justice.

At the Court of Appeal today, during a very brief mention of the case, Mr Justice Edwards said “every effort should be made” to progress the matter.

The judge said he had read the paperwork, which clearly raised “serious issues”.

He said it was a matter for the state to reply to Breatnach’s affidavit and noted that as “very significant issues are raised” a considerable amount of time would be required to allow the DPP time to respond.

The judge said he would put the matter back for three months and adjourned the case to 24 October. A State solicitor asked for “a little longer” given the court’s upcoming long vacation.

KRW Law barrister Miceál O’Connor, for Breatnach, said he believed three months was sufficient and added that the group can “see where we are at that stage”. 

Judge Edwards refused the request, saying: “I’m not closing the door to more time, but I think every effort should be made to try and progress the matter in the next three months”.

Following today’s hearing, Breatnach’s solicitor Kevin Winters, of the same firm, said the legal team has filed an application seeking to introduce newly discovered facts which point to a potential miscarriage of justice. 

“We’re delighted the court has requested immediate expedition of this application,” Mr Winters said.