Case No. 0558Robbery · Co. Kildare

Osgur Breatnach's Sallins train robbery conviction certified as miscarriage of justice

In March 1976, IR£200,000 was taken from a mail train at Sallins, County Kildare, a robbery later claimed by the IRA. Men Osgur Breatnach, Nicky Kelly and Brian McNally were convicted by the non-jury Special Criminal Court in 1978, with Breatnach serving 18 months of a 12-year sentence. Breatnach and McNally's convictions were quashed on appeal in 1980, and McNally died the month before the latest ruling. On 21 July 2026, the Court of Appeal certified Breatnach's conviction as a miscarriage of justice, citing actual innocence and newly discovered evidence from John Fitzpatrick, who was never charged, and awarded Breatnach his legal costs.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court21 Jul
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • IR£200,000 was taken from a mail train at Sallins, County Kildare, in March 1976, a robbery later claimed by the IRA.
  • Men Osgur Breatnach, Nicky Kelly and Brian McNally were convicted by the non-jury Special Criminal Court in 1978.
  • All three men claimed their confessions were concocted and forced after beatings by the Garda Heavy Gang, and Breatnach was denied access to a solicitor while in Garda custody.
  • Breatnach claimed he was taken to an underground tunnel from Bridewell Garda station to the Four Courts where he was slapped, punched, kneed and banged against the wall.
  • John Fitzpatrick was arrested and questioned about the robbery in 1976 but was never charged, and produced sworn affidavits from three people stating he spent the night of the robbery with them in Castleconnell, Co Limerick.
When
The robbery took place in March 1976.
Where
Sallins, County Kildare.
Sentence
Breatnach served 18 months of a 12-year sentence.
In court
  • Breatnach's and McNally's convictions were quashed on appeal in 1980, with the Court of Criminal Appeal not satisfied the statements were made voluntarily.
  • On 21 July 2026, the Court of Appeal certified Breatnach's conviction as a miscarriage of justice, finding Fitzpatrick's evidence constituted a newly discovered fact and that Breatnach had no hand, act or part in the robbery.
  • The Court of Appeal awarded Breatnach his legal costs.
Other details
  • The Garda Heavy Gang's treatment of prisoners became the subject of an Amnesty International report in 1977, and Breatnach suffered health damage including post-traumatic stress disorder.
  • McNally died the month before the 2026 Court of Appeal ruling.
20 statements extracted from the articles
  • whatBreatnach is now 75 years old. (irishtimes.com)
  • whatBreatnach denied any involvement in the robbery at all times. (irishtimes.com)
  • whatBreatnach was tried with Nicky Kelly and Brian McNally, who died the previous month. (irishtimes.com)
  • whatIR£200,000 was taken during the robbery, later claimed by the IRA. (irishtimes.com)
  • whatAll three men claimed their confessions were concocted and forced after beatings by the Garda Heavy Gang. (irishtimes.com)
  • whatThe Heavy Gang's treatment of prisoners became the subject of an Amnesty International report in 1977. (irishtimes.com)
  • whatBreatnach suffered health damage including post-traumatic stress disorder. (irishtimes.com)
  • whatBreatnach was denied access to a solicitor while in Garda custody. (irishtimes.com)
  • whatJohn Fitzpatrick was arrested and questioned about the robbery in 1976 but was never charged. (irishtimes.com)
  • whatFitzpatrick produced sworn affidavits from three people stating he spent the night of the robbery with them in Castleconnell, Co Limerick. (irishtimes.com)
  • whatBreatnach claimed he was taken to an underground tunnel from Bridewell Garda station to the Four Courts where he was assaulted. (irishtimes.com)
  • whatBreatnach claimed he was slapped, punched, kneed and banged against the wall. (irishtimes.com)
  • whenThe Sallins mail train robbery took place in March 1976. (irishtimes.com)
  • courtThe Court of Appeal certified Breatnach's conviction as a miscarriage of justice. (irishtimes.com)
  • courtEvidence from John Fitzpatrick was found to constitute a newly discovered fact. (irishtimes.com)
  • courtAll three men were convicted by the non-jury Special Criminal Court in 1978. (irishtimes.com)
  • courtBreatnach's and McNally's convictions were quashed on appeal in 1980. (irishtimes.com)
  • courtThe Court of Criminal Appeal was not satisfied the statements were made voluntarily. (irishtimes.com)
  • courtThe Court of Appeal awarded Breatnach his legal costs. (irishtimes.com)
  • sentenceBreatnach served 18 months of a 12-year sentence. (irishtimes.com)

The reporting

newest first
  1. 21 Jul2026
    Osgur Breatnach’s wrongful conviction for Sallins train robbery declared miscarriage of justice

    Court of Appeal certified the 1978 conviction as a miscarriage of justice based on actual innocence and newly discovered evidence from John Fitzpatrick; Breatnach awarded legal costs and called for a public inquiry into the Garda Heavy Gang's treatment of prisoners.

    accused, Osgur Breatnach, 75, male, named, irish (judged from name)Osgur Breatnachaccused, Nicky Kelly, male, named, irish (judged from name)Nicky Kellyaccused, Brian McNally, 83, male, named, irish (judged from name)Brian McNallysuspect, John Fitzpatrick, male, named, irish (judged from name)John Fitzpatrick