Well done Joanne, it took Decades, but this Tragic Event is closed, Hayes family got some Justice today, but there still remains many Questions relating to the Garda Inquiry?

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Joanne Hayes and family get €2.5m, 36 years after Kerry Babies scandal

  4 hrs ago


Joanne Hayes and family get €2.5m, 36 years after Kerry Babies scandal

Joanne Hayes and her family will receive €2.5million in compensation for the suffering they endured during the Kerry Babies scandal 36 years ago.a group of people posing for a photo© Provided by Extra.ie

Following months of mediation between lawyers for the Hayes family and the State, a deal has finally been reached.

State sources have now confirmed that compensation has been agreed for Joanne Hayes, her siblings Kathleen, Ned and Mike, and her daughter, Yvonne McGuckin.a person looking at the camera: Joanne Hayes and her family will receive €2.5million in compensation for the suffering they endured during the Kerry Babies scandal 36 years ago. Pic: RollingNews.ie© Provided by Extra.ie 

Joanne Hayes and her family will receive €2.5million in compensation for the suffering they endured during the Kerry Babies scandal 36 years ago. Pic: RollingNews.ie

The payments include:

  • €1.5million for Joanne Hayes;
  • €300,000 each for Kathleen, Ned and Mike Hayes;
  • €100,000 for Yvonne McGuckin.

The only outstanding aspect of the deal is the application by Joanne Hayes to the High Court to declare that all findings of wrongdoing against her and her siblings by Judge Kevin Lynch’s Kerry Babies Tribunal report were unfounded and incorrect.

This application is to be brought before the High Court today. Kerry’s Eye has reported that it understands that the State will not oppose the application.a man and a woman walking down a sidewalk: Joanne Hayes with her sister Kathleen arriving for the hearing at the Kerry Babies Tribunal in 1985. Pic: Eamonn Farrell/RollingNews.ie© Provided by Extra.ie 

Joanne Hayes with her sister Kathleen arriving for the hearing at the Kerry Babies Tribunal in 1985. Pic: Eamonn Farrell/RollingNews.ie

When contacted this week, the Hayes family solicitor, Pat Mann, refused to comment on any aspect of the case.

He said: ‘I have strictly no comment to make on any aspect of the case relating to either mediation or litigation.’

Joanne Hayes and her family were interrogated by murder squad gardaí at Tralee Garda Station following the discovery of the body of a newborn baby boy on White Strand, outside Cahersiveen in Co. Kerry, on April 14, 1984.a man and a woman standing in front of a sign: A woman protests during the Kerry Babies Tribunal. Pic: RollingNews.ie© Provided by Extra.ie A woman protests during the Kerry Babies Tribunal. Pic: RollingNews.ie

Joanne Hayes was wrongly charged with the baby’s murder, and members of her family were wrongly charged with concealing the birth.

DNA testing has now established, beyond all doubt, that Ms Hayes was not the mother of the Cahersiveen baby and had nothing to do with the child’s death.

Around the same time in 1984, Ms Hayes had given birth to her own baby boy, Shane. Tragically, that baby died shortly after birth.a couple of people that are standing in the street: Joanne Hayes and her sister Kathleen (second, left) and brother Ned arriving for the hearing at the Kerry Babies Tribunal in 1985. Pic: Eamonn Farrell/RollingNews.ie© Provided by Extra.ie 

Joanne Hayes and her sister Kathleen (second, left) and brother Ned arriving for the hearing at the Kerry Babies Tribunal in 1985. Pic: Eamonn Farrell/RollingNews.ie

Joanne Hayes told gardaí during interviews that the baby’s body was on the family farm in Abbeydorney, Co. Kerry.

Despite searches, gardaí initially failed to find the body.

The parents of the Cahersiveen baby, called baby John, have never been identified, nor has his killer.a man standing on a sidewalk: Following months of mediation between lawyers for the Hayes family and the State, a deal has finally been reached. Pic: Eamonn Farrell/RollingNews.ie© Provided by Extra.ie Following months of mediation between lawyers for the Hayes family and the State, a deal has finally been reached. Pic: Eamonn Farrell/RollingNews.ie

A Tribunal of Inquiry report, written by the late Judge Kevin Lynch in 1985, accused Joanne Hayes of killing her own baby on the family farm in Abbeydorney.

The gardaí were largely exonerated in the report, while members of the Hayes family were accused of telling ‘barefaced lies’.

In 2018, gardaí launched a renewed investigation into the murder of the Cahersiveen baby.a train crossing a bridge over a river: The only outstanding aspect of the deal is the application by Joanne Hayes to the High Court to declare that all findings of wrongdoing against her and her siblings by Judge Kevin Lynch’s Kerry Babies Tribunal report were unfounded and incorrect. Pic: Getty Images© Provided by Extra.ie The only outstanding aspect of the deal is the application by Joanne Hayes to the High Court to declare that all findings of wrongdoing against her and her siblings by Judge Kevin Lynch’s Kerry Babies Tribunal report were unfounded and incorrect. Pic: Getty Images

This coincided with apologies to Ms Hayes over her treatment from both the then taoiseach, current Tánaiste Leo Varadkar, on behalf of the State, and the then acting Garda commissioner Dónall Ó Cualáin. Mr Varadkar later apologised to all of the Hayes family during an interview with Kerry’s Eye.

In January 2019, the Government offered the Hayes family an ‘ex-gratia’ compensation package that would include an out-of-court settlement to be decided by an independent panel of experts.

However, part of that agreement included an undertaking that no further court actions would follow, and a demand that the settlement terms would remain secret.

Solicitor Mr Mann, on behalf of the Hayes family, rejected the offer and then moved to take legal action in the High Court.a castle with water in front of a building: In the High Court, Joanne Hayes is still seeking declarations that the investigation, as well as her questioning, arrest, charge and prosecution on dates between April and October 1984, were unfounded and in breach of her constitutional rights. Pic: Shutterstock© Provided by Extra.ie In the High Court, Joanne Hayes is still seeking declarations that the investigation, as well as her questioning, arrest, charge and prosecution on dates between April and October 1984, were unfounded and in breach of her constitutional rights. Pic: Shutterstock

The Hayes family sued the Justice Minister, the Attorney General, the Garda Commissioner, the DPP and the State for a raft of aggravated, exemplary and punitive damages.

The claim for damages included: malicious prosecution; false imprisonment; unlawful arrest; assault and battery; negligence; abuse of power; conspiracy; emotional suffering; and breach of constitutional and human rights.

They further demanded a declaration by the State that Joanne Hayes’s arrest and ‘aborted prosecution’ for murder was unfounded or malicious and in breach of her rights. Lawyers representing the State then offered the Hayes family mediation talks to settle the claims.

In the High Court, Joanne Hayes is still seeking declarations that the investigation, as well as her questioning, arrest, charge and prosecution on dates between April and October 1984, were unfounded and in breach of her constitutional rights. She is also seeking a declaration that any finding of wrongdoing contained in the 1985 report of the Kerry Babies Tribunal was unfounded and incorrect and was in breach of her constitutional rights.

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