asked the Minister for Justice if in view of his commitment to the Dáil that he would review the case of Nicky Kelly should new evidence be produced and given that a person (details supplied) has now come forward who was one of those, who, like Nicky Kelly signed a statement implicating himself in the Sallins mail train robbery and was charged on the basis of that statement alone but was never brought to trial, he will consider this person's testimony (along with that of his alibi witnesses), as new evidence warranting a review of the case.
Written Answers. - Nicky Kelly Case.
107.
Limerick East): I received a letter dated 24 November which was accompanied by a number of sworn statements which had been made public on or about 30 October.
Some of the statements that have been supplied to me were made in 1976 and formed part of the State's book of evidence against Mr. Kelly and other persons. The remaining statements were made recently but appear to be substantially similar.
Neither the communication to me nor any report that has come to my notice relating to the press conference makes any reference to the fact that the statements do not relate to Mr. Kelly's position but to that of another accused person. Apart from that, it appears to be clear that all of the evidence now referred to was available to Mr. Kelly's legal advisers at the time of his trial. In the absence of any other explanation, I must assume that they did not attach enough significance to it as to use it in court.
From what I have seen so far, therefore, the evidence in question is in substance not new at all.