Case No. 0558Robbery · Co. Kildare

Sallins train robbery conviction declared a miscarriage of justice

On 31 March 1976, the Cork-to-Dublin mail train was robbed near Sallins, Co Kildare, and an estimated £200,000 was stolen. Osgur Breatnach, a 75-year-old Irish man, was convicted alongside Nicky Kelly and Brian McNally by the Special Criminal Court in December 1978 and sentenced to 12 years, serving 18 months before his conviction was quashed in May 1980. In July 2026, the Court of Appeal certified his conviction as a miscarriage of justice, citing newly discovered alibi evidence from John Fitzpatrick and the DPP's acknowledgment of his actual innocence.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court25 Jul
    3 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • An estimated £200,000 was stolen when the Cork-to-Dublin mail train was robbed near Sallins, Co Kildare.
  • Osgur Breatnach, a 75-year-old Irish man, was one of five members of the Irish Republican Socialist Party arrested in connection with the robbery.
  • Three men signed alleged confessions during interrogation by the Garda Heavy Gang, and all exhibited injuries they claimed were inflicted by gardaí.
  • Breatnach served 18 months of his 12-year sentence.
When
The robbery took place on 31 March 1976.
Where
The train was diverted near Sallins, Co Kildare.
In court
  • Breatnach, Nicky Kelly, and Brian McNally were convicted by the Special Criminal Court in December 1978.
  • Breatnach's and McNally's convictions were quashed by the Court of Criminal Appeal in May 1980 after it ruled the confessions were obtained under oppression.
  • On 21 July 2026, the Court of Appeal certified Breatnach's conviction as a miscarriage of justice based on newly discovered alibi evidence from John Fitzpatrick.
Sentence
Breatnach was sentenced to 12 years, Nicky Kelly to 12 years in absentia, and Brian McNally to nine years.
Other details
  • The IRA claimed responsibility for the robbery in 1980.
  • John Fitzpatrick was arrested and questioned about the robbery in 1976 but was never charged, and produced sworn affidavits stating he spent the night of the robbery in Castleconnell, Co Limerick.
63 statements extracted from the articles
  • whatAn estimated £200,000 was stolen in the robbery. (irishtimes.com, thejournal.ie)
  • whatOsgur Breatnach was one of five members of the Irish Republican Socialist Party who were arrested. (irishtimes.com)
  • whatThe application certifies that newly discovered facts point to a miscarriage of justice. (irishtimes.com)
  • whatAn estimated £200,000 was stolen in the Sallins train robbery. (irishtimes.com)
  • whatThree men were wrongfully convicted by the Special Criminal Court for the robbery. (irishtimes.com)
  • whatThe IRA claimed responsibility for the robbery in 1980. (irishtimes.com)
  • whatNicky Kelly went on hunger strike for 37 days while imprisoned. (irishtimes.com)
  • whatBreatnach is now aged 75 (irishtimes.com)
  • whatBreatnach was a member of the Irish Republican Socialist Party (irishtimes.com)
  • whatThree men signed alleged confessions during interrogation (irishtimes.com)
  • whatAll three exhibited injuries they claimed were inflicted by gardaí (irishtimes.com)
  • whatThe Heavy Gang's treatment of prisoners became the subject of an Amnesty International report in 1977 (irishtimes.com)
  • whatHe had spent 18 months in jail by the time of his release (irishtimes.com)
  • whatThe IRA claimed responsibility for the theft within the same month as the quashing (irishtimes.com)
  • whatHis senior counsel is Paul Carroll (irishtimes.com)
  • 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)
  • 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)
  • whereThe Cork-to-Dublin train was robbed near Sallins in Co Kildare. (irishtimes.com)
  • whereThe Cork-to-Dublin train was diverted near Sallins, Co Kildare (irishtimes.com)
  • whereThe Cork-to-Dublin train was diverted near the Co Kildare town of Sallins. (thejournal.ie)
  • whenThe mail train robbery took place on 31 March 1976. (irishtimes.com)
  • whenHis conviction was quashed in May 1980. (irishtimes.com)
  • whenThe Sallins mail train robbery took place on 31 March 1976. (thejournal.ie)
  • whenThe Sallins mail train robbery took place in March 1976. (irishtimes.com)
  • causeBreatnach's conviction was quashed in May 1980 after the Court of Criminal Appeal ruled his confession had been obtained under oppression. (thejournal.ie)
  • investigationDuring interrogation, three men signed alleged confessions and all exhibited injuries they claimed were inflicted by gardaí. (thejournal.ie)
  • courtBreatnach was found guilty and sentenced to 12 years by the Special Criminal Court. (irishtimes.com)
  • courtThe judge adjourned the case to 24 October 2025. (irishtimes.com)
  • courtMr Justice Edwards refused the request for more time. (irishtimes.com)
  • courtThe application was filed under section 9 of the Criminal Procedure Act 1993. (irishtimes.com)
  • courtBreatnach and two others were convicted by the Special Criminal Court in December 1978 on their statements (irishtimes.com)
  • courtHis conviction was quashed in May 1980 by the Court of Criminal Appeal (irishtimes.com)
  • courtBreatnach filed an application to the Court of Appeal under section 9 of the Criminal Procedure Act 1993 (irishtimes.com)
  • courtThe miscarriage of justice hearing is scheduled for 21 July 2026 (irishtimes.com)
  • courtBreatnach was found guilty by the non-jury Special Criminal Court in December 1978. (thejournal.ie)
  • courtMs Justice Isobel Kennedy said at the Court of Appeal that a newly discovered fact shows a miscarriage of justice occurred. (thejournal.ie)
  • courtThe court was satisfied that the threshold for granting a miscarriage of justice certificate had been met. (thejournal.ie)
  • 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)
  • sentenceBrian McNally was sentenced to nine years. (irishtimes.com)
  • sentenceNicky Kelly was sentenced to 12 years in absentia after fleeing Ireland. (irishtimes.com)
  • sentenceBreatnach was sentenced to 12 years in prison (irishtimes.com, thejournal.ie)
  • sentenceBreatnach served 18 months of a 12-year sentence. (irishtimes.com)
  • otherNicky Kelly was given a presidential pardon in 1992. (irishtimes.com)
  • otherOsgur Breatnach is 75 years old and originally from Arklow, Co Wicklow. (irishtimes.com)
  • otherThe newly discovered fact concerned alibi evidence. (thejournal.ie)
  • otherThe Director of Public Prosecutions did not dispute that the alibi evidence was a newly discovered fact. (thejournal.ie)
  • otherBreatnach asserts in his affidavit that he had no hand, act or part in the robbery. (thejournal.ie)
  • otherThe IRA claimed responsibility for the theft within the same month as Breatnach's release. (thejournal.ie)
  • otherA group of five human rights organisations welcomed the ruling and called for an independent public investigation into the case. (thejournal.ie)

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
  2. 1 Jul2026
    Man's wrongful conviction for 1976 Sallins train robbery declared a miscarriage of justice

    Court of Appeal ruling that Breatnach's wrongful conviction for the 1976 Sallins train robbery was a miscarriage of justice, citing newly discovered alibi evidence; no existing case matches.

    convicted, Osgur Breatnach, 75, male, named, irish (judged from name)Osgur Breatnach
  3. 5 Jun2026
    State will not oppose bid to have Sallins robbery conviction declared miscarriage of justice, court hears

    Reports that the DPP will not oppose Breatnach's section 9 application, with a short hearing set for 21 July 2026. Provides background on the 1976 robbery, the Heavy Gang interrogation, the 1978 conviction and 1980 quashing.

    convicted, Osgur Breatnach, 75, male, named, irish (judged from name)Osgur Breatnach
  4. 29 Mar2026
    ‘The case shattered my life’: Calls for public inquiry 50 years on from Sallins train robbery

    50th anniversary feature; the three wrongfully convicted men call for a public inquiry and State apology; Minister for Justice Jim O'Callaghan says a public inquiry is 'not warranted'; a benefit concert for the Sallins Inquiry Now campaign is held in Dublin.

    convicted, Osgur Breatnach, 75, male, Irish, named, irishOsgur Breatnachconvicted, Nicky Kelly, male, named, irish (judged from name)Nicky Kellyconvicted, Brian McNally, male, named, irish (judged from name)Brian McNally
  5. 25 Jul2025
    Sallins train robbery: Man (75) seeks to have wrongful conviction declared miscarriage of justice

    Court of Appeal case management hearing on 25 July 2025; application filed under section 9 of the Criminal Procedure Act 1993; case adjourned to 24 October 2025.

    convicted, Osgur Breatnach, 75, male, Irish, named, irishOsgur Breatnach