Minister for Justice Charlie Flanagan has formally recommended a posthumous presidential pardon for Myles Joyce, who was hung for his alleged part in the murder of five members of a family in the west of Ireland in 1882.
On August 17th, 1882, five members of the Joyce family, ranging in ages 14 to 80, were murdered in their home in Maamtrasna on the Galway-Mayo border. It was presumed the motive was connected with stealing sheep, a serious offence at a time of severe poverty and hardship in the west.
Joyce was one of 10 men from the local area who were arrested and charged with the murders.
Court proceedings had taken place in English despite Joyce and others being native Irish speakers, with little knowledge of the language.
Alleged eyewitnesses were given compensation of £1,250, under the direction of lord-lieutenant Earl Spencer.
Shortly before their executions two of the men admitted separately that they themselves were in fact guilty, but that Joyce was innocent. This was deemed insufficient to postpone or revoke the execution and in December 1882, Joyce hanged along with two others for the murders.
Two years later, in August 1884, Tom Casey, who was one of the witnesses, declared during Mass in Tourmakeady that he had caused the death of an innocent man, Joyce, and the imprisonment of four others who were not guilty.
There were, subsequently, lengthy debates in the British parliament with Charles Stewart Parnell and colleagues demanding an inquiry.
British historian Robert Kee described the case as “one of the most blatant miscarriages of justice in British legal history”.
Following legal advice from the attorney general, former taoiseach Enda Kenny, commissioned an expert review of the case from Dr Niamh Howlin of the Sutherland School of Law, UCD.
Dr Howlin’s examination concluded that a number of factors, including witness statements and the processes and procedures around the trial, led her to form the opinion that Joyce’s conviction was unsafe.
Her report states the “trial, conviction and execution of Myles Joyce were unfair by the standards of criminal justice at the time”.
Mr Flanagan said the granting of a presidential pardon is a “rare occurrence” and a very high bar must be reached for consideration to be given by Government to making a recommendation to the President.
“This case is very well known, particularly in the west of Ireland. And it is widely regarded as a clear cut case of wrongful conviction and an historic injustice,” he said.
“In reaching a decision on this matter, I have carefully considered the Attorney General’s legal advice and the expert report commissioned by the former taoiseach. Myles Joyce is one individual but in coming to a decision on this matter, I was acutely conscious of the symbolism of this pardon and its importance for that reason.
“President Higgins has taken a deep personal interest in this case and he and I have discussed it many times. The Taoiseach, Leo Varadkar, has conveyed the decision of Government to President Higgins.”
