Dáil Éireann Debate, Thursday - 10 December 2020
13. Deputy Brendan Griffin asked the Minister for Justice her views on the campaign to posthumously pardon a person (details supplied) further to ongoing correspondence from this Deputy; and if she will make a statement on the matter. [42427/20]
View answerTáim fíorbhuíoch as ucht an tseans chun an t-ábhar tábhachtach seo a phlé inniu. What is the up-to-date position in respect of the campaign to posthumously pardon Mr. John Twiss, who was executed in 1895 for a crime that most independent observers now concede he could not possibly have committed?
As the Deputy will be aware, representatives of the Michael O'Donohoe memorial project have gathered a considerable amount of material relating to this particular case, including a transcript of the trial from the mid-1880s. They have met with officials in my Department and provided material in support of an application for a presidential pardon under Article 13.6 of Bunreacht na hÉireann. Following consideration by officials, I understand that an opinion was formed that the conviction might be considered unsafe.
I am advised that the then Minister agreed that this case potentially demonstrated, in all the circumstances, a miscarriage of justice. On foot of this, my Department engaged an expert on 19th century trial law in Ireland for their expert opinion on the safety, or otherwise, of the conviction. I understand they have largely completed their work, save for some issues which will involve accessing the National Archives once they are open again. When that is completed, the report will be submitted to me. I can assure the Deputy I will consider it as soon as possible and make my recommendations. If at that stage it is decided that a pardon should be recommended to the President, I will do so then.
I thank the Minister for her response. I acknowledge the great work the Michael O'Donoghue Memorial Heritage Project has done on this case. For the relatives of John Twiss, it is very emotive and important that they have justice done for their ancestor. I acknowledge the Minister's enthusiasm from the start. Within days of taking office she was on the case. I also acknowledge the work of her predecessor, Deputy Flanagan, who took the case very seriously and moved it forward. I hope that all of those working on the case can prioritise it and complete their work as soon as possible. This has gone on for 125 years and it will be 126 years in February. The passage of time does not diminish the hurt caused to the Twiss family and everybody in the district, particularly his descendants, who want to see justice finally for John Twiss.
Just because it is a long time ago, some people might ask whether it would make any difference. Where a miscarriage of justice may have occurred, it is extremely important that we correct the record. We need to provide clarity and assurance to the family. I will give some more detail in the process. Following the initial consideration of a case by departmental officials where they form a view that there was potentially a miscarriage of justice, we bring in the independent expert to examine all the information on the case. I again thank those who have provided that information to the particular expert in this case.
If it is advised that a presidential pardon should be awarded, I will bring that to Cabinet and then it goes on to the President to decide following advice of Government as to whether a pardon should be granted. I reassure the Deputy that this case has not been forgotten. It is being worked on and as soon as I get the report from the independent expert, I will act on it as quickly as possible.
I am very grateful for that reassurance and I know what it will mean for the family of John Twiss, as well as for people like Johnnie Roche, who has never given up the fight on this along with his many colleagues in the Michael O'Donoghue Memorial Heritage Project in Castleisland. They firmly believe in John Twiss's innocence. Many experts over the years have examined the case in detail and have found there is no possible way this man could have committed the terrible crime that was committed. Let us not forget that there was a victim in James Donovan, who was murdered callously in 1894. However, John Twiss did not do it and that is why justice is really important here. The BBC has featured this documentary on a number of occasions. Based on the precedent set in the Maamtrasna case, I hope a pardon will ultimately be granted here.
I again reassure the Deputy that this case is very much ongoing in my Department. It has not been and will not be forgotten. As soon as I receive the independent expert advice, I will act on it as quickly as possible. I am very conscious that people have been awaiting this for a long time and obviously they would like to get an answer as quickly as possible. I commit to the Deputy that I will provide that answer as soon as I can.
I will now go back to Question No. 10 in the name of Deputy Bríd Smith.
