I asked a question of the Minister for Justice to-day. The question was: "Whether the Gárda Síochána authorities received any complaint relative to the arrest and alleged ill-treatment of Martin and Michael Hayes of Mountcoal, Listowel, on 19th December last, and, if so, what action has been, or will be, taken to deal with the person or persons against whom such complaints have been made." The Minister replied as follows: "The answer to the first part of the question is in the affirmative. As regards the second part of the question the solicitors for the complainants who were in communication with the local Gárda Síochána Officer were informed on 20th ultimo that the complaints had been considered and it was not proposed to take any action in the matter." As I considered that answer to be very unsatisfactory, I asked for leave to bring the matter up on the Motion for the Adjournment. As there is not much time in which to do so I would like to relate the facts, but before I do so I want to make it perfectly plain that I yield to nobody in my admiration of that splendid force, the Gárda Síochána. I believe that there is no police force in the world superior to them in zeal, efficiency and courtesy and in perhaps what is more important still, sympathy with the public. The extraordinarily high standard which they have reached within a few years is most amazing and affords the utmost gratification to all of us, as Irishmen. But, of course, in any considerable body of men one is bound to find a few undesirables. Some, clad in a little authority, forget that they are the servants of the public and act as village tyrants; others, who have naturally vicious tendencies, exploit them on persons whom they believe incapable of resistance or of effective retaliation.
It is inevitable that men of such temperament should take as their exemplars that notorious force which they replaced, the "Black and Tans" and that they should faithfully follow their routine of midnight raids, terrorisation and indiscriminate shooting, especially in rural areas. Others, zealous for early promotion, adopt a practice said to be of trans-oceanic origin, the "third degree," in cases wherein evidence of crime is sought. I am sure that everyone here will agree that this splendid force is well rid of such men, and that it is the duty of all good citizens to make public their misconduct, and of the Government rigorously to avoid any semblance of granting to any members of this force, who break the law, protection or treatment preferential to that accorded to the ordinary civilian. I submit that such is not the attitude of the Ministry of Justice, which appears to be more concerned with the reputation of this force than with the elementary rights of the subject. What are the facts as we know them? They are as follows:—Martin Hayes and Michael Hayes live with their father and mother, both of advanced years, with their brother Jeremiah and sister, Kate, in a lonely cottage at Dromclough about five miles from Listowel. All the members of the family are peaceful and hardworking and bear excellent characters. Martin served in the National Army for nearly seven years from April, 1922, with character on discharge "very good." At about 1.30 a.m. on the morning of 19th December last, old Mrs. Hayes was awakened by hearing knocking and kicking at the door. She looked out and saw a motor car pulled up and a number of men at her door. She asked who were there and the reply was given "Open the door." After a short time she opened the door and four men came in. They refused to say who they were or what they wanted. They asked for her sons and told them to dress. They refused to allow a lamp to be lighted but put flash lamps to the faces of the three sons. The daughter lit a candle and identified one of the men, who all appeared to be in plain clothes, as Sergeant H. of Listowel. He was identified also by Michael and Jeremiah. These men ordered the three sons to go outside and to get into the waiting motor car, but first took Michael Hayes away down the road, one walking in front, one on each side, and one, who waved a revolver over Hayes' shoulder, behind. One said: "Do not shoot him here." Michael Hayes looked around and was immediately punched, kicked and knocked into the hedge where he was throttled, interrogated and punched. One of the men put a revolver to his forehead and fired a shot over his head. They used vile language and threatened him with a grave. Michael Hayes addressed the Sergent by name and asked what he was going to do to him. The Sergeant said to the others to leave him alone, that he would tell. On Michael's return to the car Martin was brought about 200 yards down the road and about 100 yards into a field, where he was knocked down, beaten and kicked, and told that a grave was waiting for him, if you please. A shot was fired over his head.
On 20th December last Martin Hayes came to me and complained of the ill-treatment he had received from the Guards. I advised him to see a solicitor. He did so, and the solicitor wrote to the Superintendent of the Guards at Listowel. That was on 21st December. A reply was received from the Superintendent on 28th December. The reply reads:—
Re alleged assault on Jeremiah, Martin and Michael Hayes, Dromclough, Listowel, on 19/12/1929.
Dear Sirs,
I beg to acknowledge receipt of your letter of the 21st instant and having reference to above. I have carefully investigated this complaint regarding the conduct of a member of the Gárda Síochána on date and at hour mentioned and, so far, I have found nothing to justify the statements made to you by the the above-named. I am further inquiring into the allegations made against a member of the Force, and, on completion of my investigation I shall again write to you on the subject.
Yours faithfully,
Jno. Kelly,
Feadhmannach.
Messrs. Moran & Browne,
Solicitors, William Street,
Listowel.
Some time about the middle of January the Chief Superintendent at Tralee called to the home of the Hayes family together with the Superintendent at Listowel, and took statements. He then made an extraordinary remark for an official who is supposed to conduct an impartial inquiry. I will tell you about that later. The solicitor for the Hayes brothers was not warned of this visit nor invited to attend.
On 20th January, the Superintendent, Listowel, wrote as follows to the solicitors:—
Dear Sirs,
Referring to your letter of 21st December, 1929, re above, and my acknowledgement dated 28th December, 1929, I now wish to inform you that I have completed my investigation of this case. During my investigation particular attention was directed to the fact that a member of the Gárda is alleged to have taken part in what has been described to you as an aggravated assault, etc. As a result of my investigations I have ascertained that the party who called at the house of the Hayes family were all members of the Gárda who were then investigating a shooting which took place in the locality at 7 p.m. on the night of the 18th December, 1929. I have taken statements from each member separately and I can find nothing to substantiate the allegations made by you, and in view of this I am not proceeding further in the matter.
Faithfully yours,
Jno. Kelly,
Superintendent.
That was on the 20th January, 1930. On that night two men, Buckley and Fiaherty, were brought into Listowel as prisoners. It was freely rumoured that one of them was badly beaten but that the matter was settled by the intervention of an ex-Justice of the Peace with the assistance of something else.