‘Their lives are in turmoil now’ says solicitor as two held over Kerry Babies can go home as house search ends

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Two people arrested over the Kerry Babies murder can now return to their home after searches were carried out by gardaí, but their lives are ‘in turmoil’, their solicitor has said.

The man and woman were detained last Thursday in relation to the death of Baby John – a five-day-old newborn whose body was discovered on White Strand beach in Caherciveen, Co. Kerry, in April 1984.

The baby had been stabbed 28 times and his parents have never been identified.

The man and woman were detained last Thursday in relation to the death of Baby John – a five-day-old newborn whose body was discovered on White Strand beach in Caherciveen, Co. Kerry, in April 1984. Pic: Shutterstock© Provided by Extra.ie

Now, days after the couple were arrested and released without charge, they can return to their home in south Kerry.

However, their solicitor Pádraig O’Connell said their lives will never be the same.

Gardaí had carried out various searches of the home for anything that might have connected the couple to the death of Baby John.

Two people arrested over the Kerry Babies murder can now return to their home after searches were carried out by gardaí, but their lives are ‘in turmoil’, their solicitor has said. Pic: Brian Lawless/PA Wire© Provided by Extra.ie

Speaking to the Irish Daily Mail, Mr O’Connell said: ‘Their home is theirs again but their lives are in turmoil now. They came home from a day’s work, a day of gainful employment and were relaxing in the evening and then the knock at the door came and they were arrested. That’s the first they knew of all of this.’ He would not confirm if the family had actually returned to their home but said that they were now free to do so.

It is understood the couple had been staying with relatives in recent days since their release.

Mr O’Connell was also frustrated that one of his clients, who was released without charge last Friday with a file pending to the DPP, was met by ‘flashing cameras’ as she left the Garda station.

He said: ‘She was very upset by this. She had spent 24 hours speaking with gardaí and was then met with flashing lights as she was driven away. ‘She was inundated with cameras and was very upset. She was shocked to see it all.’

Baby John had been stabbed 28 times and his parents have never been identified. Pic: Shutterstock© Provided by Extra.ie

The woman’s partner, who is aged in his 60s, has also been released without charge, from a separate station.

The results of DNA tests potentially linking the pair to Baby John have not yet come back. However, Forensic Science Ireland, the State body which carries out DNA testing, will expedite the process and it has been deemed one of the highest priority tests to be carried out. It is hoped that the results will be back by the end of the week.

However, even if the results were to confirm the arrested couple are Baby John’s parents, it doesn’t mean they are guilty of any crime,

Mr O’Connell added. He said: ‘I think this is where people are getting things mixed up. They were arrested on the offence of murder, a very serious offence. DNA here is an irrelevance in the context of the allegations made against them.

Mr O’Connell was also frustrated that one of his clients, who was released without charge last Friday with a file pending to the DPP, was met by ‘flashing cameras’ as she left the Garda station. Pic: Brian Lawless/PA Wire© Provided by Extra.ie

‘DNA does not equal murder. But I do not know if the results of those tests have come back yet.’

Mr O’Connell reiterated his belief that there is not enough evidence to charge his clients and said he believes that the pair should be allowed ‘get their lives back on track’.

He also said he doubted the validity of the arrests and how gardaí ‘went about’ their investigation. However, sources have told the Irish Daily Mail that they believe gardaí did everything ‘by the book’ and that there was no cause for concern over how the matter was handled.

Sources added that this is a very serious investigation, which is being treated with the utmost seriousness by gardaí.

‘Gardaí are at a critical point in this investigation and believed they had enough to arrest these two people on suspicion of the offence of murder,’ they said.

Mr O’Connell reiterated his belief that there is not enough evidence to charge his clients and said he believes that the pair should be allowed ‘get their lives back on track’. Pic: Brian Lawless/PA Wire© Provided by Extra.ie

‘That decision is not taken lightly whatsoever. Gardaí need to have cause to do so. From what I know, this was all done by the book and there is no concern about the way it was handled.’

Gardaí have interviewed hundreds of people and more than 560 lines of inquiry have been initiated since a review into the case started in 2018.

Superintendent Flor Murphy, who has been leading the investigation, said: ‘The arrests are a significant development in this investigation. Our strong belief at the current time is that the answers to this are in Caherciveen and the close surrounding areas.’

On April 14, 1984, a farmer discovered the baby’s body. Shortly afterwards, Joanne Hayes, from Abbeydorney in north Kerry, 75km from Caherciveen, was arrested in connection with the horrific death.

Joanne Hayes who was wrongly accused of Baby John’s murder. Pic: RollingNews.ie© Provided by Extra.ie

Gardaí had zoned in on Ms Hayes as they had discovered that she had recently given birth but there was no sign of a baby.

She was soon charged with the murder of Baby John.

However, forensic analysis showed she could not possibly be the mother. Despite this, gardaí did not withdraw the murder charge and her bail continued with repeated court hearings.

By November 1984, all charges against her were dropped and the family accused gardaí of heavyhanded tactics and forcing confessions from her and her family.

It later transpired that Ms Hayes had given birth to a stillborn child who had been buried on the family farm.

In January 2018, a review into the death was announced, with the Kerry Division carrying out an ‘extensive’ investigation, with the support of the Garda Serious Crime Review Team.

In January 2019, the Leo Varadkar-led 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.