COMMENT
By Ger Colleran
Justice still needs to be done for Cahersiveen Baby
FORTY years is a long time to be waiting for justice.
In April 1984, the body of a newborn baby boy was found at White Strand beach outside Cahersiveen and it was immediately obvious that the tiny infant had been murdered.
This gruesome discovery and the subsequent finding of another newborn baby’s body in Abbeydorney developed into a terrible travesty of justice now known as the Kerry Babies Scandal.
Joanne Hayes, from Abbeydorney, was wrongfully charged with the murder of the Cahersiveen Baby and when the charge was eventually dropped, after blood analysis ruled out her involvement, the Government set up a special judicial inquiry into how an innocent woman and almost her entire family came to be charged in connection with the murder.
That inquiry, led by High Court judge Kevin Lynch distinguished itself for its bias and cruelty to the Hayes family. It was a disgrace in the way it criticised Joanne Hayes and her family, and in the manner it excused the incompetence and prejudice of investigating gardaí.
From that time to this, tragically, the identity of the real killer or killers of the Cahersiveen Baby has never been publicly established.
In recent years, the gardaí and the State finally came clean by apologising and paying compensation to Ms Hayes and her family. It was about time, after decades of foot-dragging.
Also, DNA analysis is reported to have revealed the identities of the biological parents of the Cahersiveen baby to investigating gardaí. That resulted in the arrests and questioning of a man and woman early last year.
It now appears from media reports that the people arrested have denied any biological link to the murdered baby, despite reports about DNA proving association.
Unfortunately, for over a year the matter had not progressed any further. And that’s the problem.
Clearly, the gardaí and the prosecution service are determined not to repeat the mistakes of the past by a rush to judgement and the like. While such care and prudence is commendable, gratuitous delay is not.
All those personally touched by this terrible decades-old tragedy, as well as the entire community, are entitled to have this matter put to rights - finally.
Justice can no longer be withheld, particular from the little baby who was so cruelly murdered. Prosecution authorities need to step up and process this matter through the courts or, in the alternative, explain to the Minister for Justice, and for that Minister in turn to explain to all of us what’s going on, what the problem is.
Many kind and well-meaning people genuinely believe that the matter should be dropped entirely, that nothing good would be served by prosecuting anybody at this remove; that it would only bring further heartache and ruin lives.
Such sensitivity is, however, entirely unfounded because it ignores the fundamental requirement for justice to be done, though the heavens may fall.
We must all remember one basic fact – there is no statute of limitations on murder.
