PRESIDENT Michael D Higgins has granted posthumous presidential pardons to two men wrongly convicted of murder in 1882.
Yesterday, President Higgins signed pardons for Sylvester Poff and James Barrett, who were executed in Tralee Gaol in January 1883 following wrongful convictions for the murder of Thomas Browne.
The signing ceremony took place at Áras an Uachtaráin in the presence of the descendants of the two men.
Mr Poff’s great-grandson, 89-year-old Tomo Burke (right) with his cousin Mike Sugrue, attended the pardon ceremony“While we at this remove cannot undo what happened, we do have the power to acknowledge that what happened to Sylvester Poff and James Barrett was a great wrong,” Mr Higgins said.
“I am pleased to be able to formally grant a Presidential Pardon to each of the men today, and to at least set the record straight,” he added.
“I hope that my doing so will bring a sense of closure to their families following almost 142 years.”
Mr Browne was murdered in 1882 while working in one of his fields in Dromulton, near Scartaglin in Co. Kerry.
Two men in dark coats, seen from behind, shot him several times.
Mr Poff, 38, and Mr Barrett, 24, who did not match the descriptions of the suspects, were known to be in the vicinity at the time and were arrested after a neighbour said they had seen them enter the field where Browne was shot.
Minister for Social Protection Heather Humphreys pictured with President Higgins at the signing ceremonyConcerns about the grounds the convictions were made on prompted the Department of Justice to enlist Dr Niamh Howlin to conduct an independent external review of the case, and to advise upon the safety of the conviction.
Dr Howlin’s examination found a number of factors – including in the investigation and procedures around Mr Poff and Mr Barrett’s trial – led her to form the opinion that their convictions were unsafe.
These included there being no motive, evidential deficiencies and conflicting witness testimonies.
In addition, the report found that there was no direct evidence against Mr Poff and Mr Barrett, with the case resting on the circumstantial and contradictory evidence of one witness.
In her report, Dr Howlin said “a twenty-first century criminal court would not convict Poff and Barrett on the basis of the evidence which was presented by the Crown in 1882”.
“The convictions were also inconsistent with the legal standards of the period.”
The signing ceremony took place at Áras an UachtaráinShe added: “They were convicted on the basis of evidence which was both circumstantial and weak.
“The trials and conviction of Poff and Barrett included legal and procedural deficiencies which were ‘so inconsistent with the legal standards of the period and so objectively unsatisfactory and unfair, that they render the conviction unsafe.”
As a result, Justice Minister Helen McEntee confirmed in April of this year that “given a number of factors in this case, and based upon the detailed report received from Dr Niamh Howlin” she had decided to recommend that President Higgins exercise his right to pardon on the grounds their convictions were unsafe.
“The case of Sylvester Poff and James Barrett has been one of long-standing concern for the people of Kerry,” President Higgins said yesterday.
“As Dr Niamh Howlin’s report has found, there was a strong local belief in the innocence of Poff and Barrett, both before and after their execution.
“The newspaper United Ireland reported that ‘From one end of the county to the other the strongest belief prevails that they were guiltless.’
“This was also evident in the memorials submitted to the Lord Lieutenant from bodies including the Tralee Town Commissioners, the Tralee Poor Law Guardians, the Killarney Town Commissioners and the Listowel Town Commissioners before the executions seeking to have their sentences commuted.”
He added: “I commend the families of both men and the members of the Castleisland District Heritage Group for their efforts to bring their case to public attention and their help in bringing the process of obtaining a pardon to fruition.”
The ceremony was attended by the Minister for Social Protection, Heather Humphreys, relatives of Mr Poff and Mr Barrett, and representatives of the Castleisland District Heritage Group, which has worked with the Department of Justice on the pardon process.