Roscommon Herald, 28th April, 2015
6th. April 2015
Dear Commissioner O’Sullivan,
I have read and re read your statement last week following the release of the McGinn Report. I am at a total loss to try and understand it or get any real sense from it.
Can you explain how you think the McGinn report would bring “some comfort to Fr. Molloy’s family” as has been widely reported. ?
Can you explain why at the final briefing with the SCRT we were assured that they were recommending a Commission of Investigation in their report as the only way to establish the facts. Yet there was no reference to that in the McGinn report. Was it airbrushed out ?
I do know for a fact that Christy Mangan’s Secretary was seen typing up on the Molloy file again some months after the final report had been submitted to Mr. Callinan.
Was it returned to Mr Mangan’s office for alterations as has been suggested to me.
My family would also be very anxious to hear your observations on a section of the report titled “ Shortcomings in the 1985 Investigation”. People not questioned, Forensic evidence not properly examined, etc
As for vindicating the work of the review team I am glad you had the foresight to add “Some of the work “. I first made contact with a Detective from the team in Jan 2009 I approached the team with concerns regarding two murders. My Uncle Fr Niall Molloy in 1982 and a close friend Charles Self in 1972.
my family was unimpressed by their work right from the start. In my Uncle’s case they tried to fob me off quite early on by laying the blame solely on Judge Roe.
No mention at any stage of an incompetent Garda Investigation in 1985 which seems to be the conclusion in McGinn report. In fact their whole approach was casual, not very professional and it was it was pressure from that Dail made them go back and interview people for a second time and take statements on their second visit. A waste of time and resources..I am sure you will agree.
Regarding the Charles Self case they told me they could not discuss it with without having a gay Liaison Officer present. Please……… I am 64 years of age and I am well beyond the need of counselling on gay matters.
I look forward to hearing from you.
Commissioner Noirin O’Sullivan
10th April 2015
I still have not had the courtesy of a reply to my email sent to you last Monday. Could you please explain your statement last week where you hoped the McGinn Report would bring “Some comfort to the family”
My family were distressed by your comments which were widely reported in the media.
We were told that your appointment would mean changes in the Gardai. Mr. Callinan also failed to answer letters. It is simply not good enough. You as Garda Commissioner made the statement either justify it or make a public apology to the Molloy family.
My family have had enough to deal with over the past 30 years. We do not need this.
10/ April / 2015
The following is a section from the McGinn Report page 64 in which David Flynn discussed his father’s business situation
“He confirmed that , as of July 1985, his father’s business situation was that he was “asset rich but cash poor “ but that , although times were tough, he had managed to keep the various businesses afloat”
The Jury at the inquest retired at 11:55 am. 13 minutes later they returned. The foreman Mr Billy Bracken read the verdict.
“It is the unanimous verdict of the jury that Fr. Niall Molloy died as a result of acute brain haemorrhage consistent with having suffered a serious injury to the head”
At the Inquest Dr Harbison said :-
” Fr Molloy appeared to have been kicked on the left side of the lower jaw and the inside of the thigh. The injury on the right side of the lower jaw lends itself to possible causation by foot. The blow was possibly inflicted with a fist but a shod foot was more likely”
Richard Flynn testified that he was in bed and wearing pyjamas when the alleged attack took place. In bed with shoes on ?
On Page 99 of the McGinn Report Mr McGinn writes
“Further, when asked about this in February 2013, the Diocesan Secretary in Sligo confirmed that the Office of Diocese of Elphin had no will belonging to the late Fr. Niall Molloy and that there was no record that such a will had ever been deposited there”
From documents we have received a Will was recorded as having been lodged by Niall with Fr. John Kelly , Diocesan Secretary, St. Mary’s, Sligo in Sept 1972. Confirmation of this was made again in letters from the Department of Defence in 1988.
Article in today’s Sunday Times – 19th April 2015
Total surprise to the Molloy family. Who are the campaigners. ? Who are they representing ? Who has been in discussion with Sinn Fein MEP’s about our case ?
Why have we not been informed
Seemingly a delegation travelling to Brussels is to be facilitated by Lynn Boylan Sinn Fein MEP. No further details except that Gemma O’Doherty, former Travel Editor of the Irish Independent is part of the delegation.
I have just noticed the full programme on Youtube
Senator John Kelly: I was out of the country when the findings of Dominic McGinn SC were brought to Cabinet in respect of the murder of Fr. Niall Molloy. I am disappointed at his recommendation. Having said that, I am not surprised, because the only remit Dominic McGinn was given was to review a botched Garda investigation file. In his findings he said there were serious shortcomings in that investigation. To my amazement, he has recommended that no further action be taken because the time span, 30 years, is too long. There are people still alive who can bring closure to this case. Forty-three years after the fact we are still looking for answers with regard to the murder of Jean McConville, which I agree with.
In the next couple of weeks the Minister for Justice and Equality will recommend a Presidential pardon for a Tipperary man, Harry Gleeson, for the murder of Moll McCarthy in Tipperary in 1940, on foot of a subsequently discovery that he was wrongfully hanged. The notion that we cannot do anything about the Fr. Niall Molloy case 30 years on is flabbergasting. Something very corrupt took place here, to the degree that the most notorious criminal in the country at the time, Martin Cahill, saw fit to break into the Attorney General’s office and rob the Fr. Niall Molloy file and use it to do a deal with the Garda not to extradite John Traynor, one of his criminal allies, from the UK. If that does not say it all about what is going on in this case and the corruption involved in it, I do not know what does.
Senator John Kelly: I ask the Minister for Justice and Equality to initiate a full commission of inquiry into the murder of Fr. Niall Molloy to bring closure, fairness and justice to the Molloy family, because to date this has not happened.
During Leader’s Questions in the Dáil Clare Daly challenged Taoiseach Enda Kenny on the McGinn review of the Serious Crime Team’s report into the investigation of the death of Fr Niall Molloy in Roscommon in 1985.
The report acknowledges problems with many aspects of the case but asserts that the priests’ death warrants no further investigation.
Deputy Clare Daly:, “[last week] Deputy [Mick] Wallace tried to jolt the Taoiseach’s memory regarding his inaction on problems with senior gardaí in the Athlone area. Little did we know that at the very same time representatives of the Department of Justice and Equality were in the process of contacting the family of Fr. Niall Molloy, thereby giving them less than one hour’s notice that the Minister for Justice and Equality was about to publish the outcome of the McGinn report into their uncle’s murder.
For four months she sat on a report that, let us remember, was a paper review of a Garda review of a Garda investigation. The Minister later acknowledged that the report identified unanswered questions and serious shortcomings in the investigation but concluded that it was too long ago and we will never find out the truth.Of course, she did not admit that the report’s terms of reference were preordained to have that outcome.
Mr. McGinn himself indicated that his task was not to establish the truth, or even venture an opinion about the truth; it was simply to identify issues of public importance or concern that might warrant further investigation. In other words, the truth is out there somewhere but we are not going to bother getting to it.”
In fairness to Mr. McGinn, he raised a number of issues, such as the fact that the Garda failed to identify and interview witnesses and neighbours; the fact that a statement was not taken from the solicitor whom Niall Molloy consulted shortly before his death in regard to his financial problems with the Flynns; the lack of forensic analysis of blood and fingerprint samples taken at the scene of the crime; and, critically, the important fact that the opinion of Professor Michael Farrell, the expert neuropathologist to whom John Harbison deferred, was not sought.
Dr. Farrell’s opinion confirmed that Niall Molloy took between three and six hours to die. In other words, as Mr. McGinn indicated, the account given by Richard and Therese Flynn was not accurate. Mr. McGinn went on to note that the review did not say how it happened. Such information could only be ascertained by an independent commission of investigation, as recommended by the serious crime review.”
Enda Kenny: “The Minister has confirmed that she will shortly commence writing to the members of the families concerned in regard to the report of the legal team once it has assessed all of these cases. Fr. Molloy is deceased and nothing we say in this House will bring him back. The Government considered and accepted the McGinn report in the last several weeks, after it was presented to the Minister. She has confirmed that she will commence the process of informing the families about the cases referred to her Department and my Department, in respect of which a legal team was appointed to analyse the issues arising. Many of them have been considered at various levels over the years. I do not know the details of the responses that will issue in respect of these cases because I have not seen the report of the legal team.”
Daly: “The information to which I have access is contained in the Official Report of the Dáil. I presume that if the Minister for Justice and Equality was in contact with the Taoiseach, she would have told him what she has stated on the public record, namely, that because of the passage of time and other issues she expects no action to be taken in a majority of cases. It is not good enough for the Taoiseach to say Fr. Molloy is dead. His family know that but they have been devastated by the outcome of this report. They cannot figure out how the Government can correctly pardon somebody who was hanged in 1941 based on a re-examination of that case while expecting us to believe it cannot re-examine Fr. Niall Molloy’s case, which occurred in 1985, even though eight out of 11 witnesses present in the room are still alive and forensic evidence which was never examined is presumably still available.”