The topic: The Kerry Babies Case
The place: Ireland
The time: 1984
Chapter 1
In April 1984, the body of a newborn baby was found floating in the water off White Strand Beach near Cahersiveen in Kerry County.
The police were called and an investigation began. A forensic pathologist was called to determine the cause of death. The newborn baby boy who could not be identified became known as Baby John.
He had been stabbed 28 times and hit on the head; then he had been packed in plastic and finally dumped in the ocean.
Who was the mother and father of this baby? Who was responsible for this horrible crime?
The police assumed the mother was a young and unmarried woman who had been with a man. The woman became pregnant. Later, when she gave birth to the baby, she decided that she could not keep it, because she was not married. The shame was too much. She killed the baby and dumped the body in the ocean.
The police assumed the mother lived in the local area. They began looking for a suspect.
They created a profile of the suspect: she was a young and unmarried woman who had been pregnant. She had given birth to the baby, but now she no longer had a baby.
When the investigation did not bring any results, it was decided to cast a wider net. It was decided to cover a larger area.
Chapter 2
Now the police found a suspect named Joanne Hayes who lived in Abbeydorney. This is 47 miles (75 km) from Cahersiveen where baby John had been found floating in the water.
In 1984, Joanne was 24. She was an unmarried woman who lived in a house with her family: a sister, a brother, her mother and her aunt.
The police came to the house. They searched the house for evidence.
When they found a kitchen knife, they asked: “Is this the knife you used to stab your baby?”
When they found a large brush, they asked: “Is this the brush you used to hit your baby on the head?”
When the search was completed, they transported Joanne and her family to the local police station where they were interviewed in five separate rooms,
At first, they all declared that they had no connection with Baby John. But the interrogation continued and they were all under pressure.
They were not beaten, but it was indicated to them that they were in deep trouble and that it would be best for them to confess what they had done.
According to the police, Joanne had been with a married man. She became pregnant. Later, she gave birth to the baby.
Since she was unmarried, she decided that she could not keep the baby. Her family had helped her when she killed the baby and when she wanted to transport the dead body to the coast where it was dumped into the ocean.
The police had prepared written confessions for the members of Joanne’s family which they were asked to sign.
Joan was also interviewed. At first, she denied everything. But when she realised that members of her family were also accused of a serious crime, she decided to talk.
She said she had been with a married man. She became pregnant. She gave birth to the baby alone. The baby was a boy named Shane. Sadly, he was stillborn. She buried him on the farm where they lived.
She said she had acted alone. Her family members were not involved in any way. She had no connection with Baby John who had been found floating in the water near Cahersiveen.
The police did not believe her. She was arrested, while her family members were allowed to go home after each of them had signed a confession.
Chapter 3
Joanne told the police she had buried her stillborn baby on the farm. But they did not believe her. They did not even try to look for a buried baby.
When her family members returned to the farm, they began to look for a buried baby. After a while, they found something. They called the police. When the police arrived, they found a baby that had been buried on the farm, as Joanne had explained.
Now the police had a case with two babies. They were surprised and for a while they were not quite sure how to proceed.
In 1984, DNA testing was not yet available. The police could test for fingerprints and they could test the blood type of a person who was suspected of being involved in a crime.
In this case, there were no fingerprints to be found. But the police could test the blood type of Joanne and the married man who she had mentioned.
Both were tested. Both had type O. The baby that was found on the farm was also tested. Also type O.
When Baby John was tested, there was a surprise: he was type A.
Now the police had a problem. Since Joanne and the married man were both type O, they could not be the parents of Baby John, because he was type A.
The case against Joanne was falling apart. The police were desperate. They did not want to admit that they might have been wrong when they arrested Joanne.
In order to save themselves, they created an amazing hypothesis. They said Joanne had been with two different men within a few days. The married man who was type O and a second man who was type A.
Joanne became pregnant with both men, and later she gave birth to twins. The first baby with type O and the second baby with type A. Joanne had buried the first baby on the farm and she had dumped the second baby in the ocean.
This hypothesis was quite far-fetched, but this was the way the police wanted to go. The public prosecutor was getting ready to go to trial with this charge, but before a trial could begin, the government intervened.
It seemed the government did not want this trial to happen. Members of the government realised that there was no solid evidence and this case could not be won.
It was better to drop it before it could begin. Joanne was released and allowed to go home.
Why?
The police did not have a solid case against Joanne.
Many questions were unanswered.
Members of Joanne’s family had signed almost identical confessions about how they had helped Joanne when she had killed Baby John and when she wanted to dump his body in the ocean more than 45 miles from the farm.
But now it was clear that they were not involved with the case of Baby John. How could four members of Joanne’s family have produced almost identical confessions of a crime which they had not committed?
Had the police officers intimidated them and forced them to sign false confessions?
Who was the mysterious second man with blood type A who was supposed to be the father of Baby John?
If Joanne had given birth to two babies, why did she bury the first baby on the farm and then drive more than 45 miles to the coast in order to dump the second baby in the ocean?
Why did she not bury both babies on the farm or dump both babies in the ocean?
Could a woman be with two men within a few days and then become pregnant with both of them?
Could a woman have two babies who did not have the same blood type? One baby with type O and a second baby with type A?
Is this possible? If the answer is yes, how often does this happen?
The police did not have the answers to these questions. The hypothesis they had created seemed unlikely, impossible, indeed ridiculous!
The government decided that a trial should not go ahead, because there was no solid evidence and there was no chance of getting a conviction.
Instead, the government decided that a public tribunal should be held.
A one-man commission was established in order to investigate the whole case.
The purpose of the tribunal was not to accuse Joanne and her family, but to find out how the police investigation could have failed in the way it did.
Chapter 4
Justice Kevin Lynch (1927-2013) was appointed to be in charge of the public tribunal which was held in the beginning of 1985.
Several witnesses were called to testify at the Lynch tribunal: Joanne and the members of her family as well as the police officers who had been involved in the case.
The case was widely reported by the media. Not only the local media but also the national media. Newspapers, radio, and television. The Kerry Babies Case became an event of national importance.
Many people - especially women - followed the case. Many people had an opinion about this case. Many people began to question the authorities and their actions.
Many people began to ask questions about the institutions of power: the government, the politicians, and the police as well as the Catholic Church.
Many people felt that the police had been unfair to Joanne and her family.
Some women decided to go to Abbeydorney where the public tribunal was held. The hall used for the tribunal was too small to accommodate all of them.
Those who could not enter the hall staged a demonstration outside the building. They were supporters of Joanne.
Many women were unable to go to Abbeydorney. Some sent letters and postcards to Joanne with messages of support. Others sent flowers to her.
This case seemed to move and affect many people all over Ireland. Looking back, we can see that it was, in a certain way, the beginning of a new chapter in the history of Ireland.
During the tribunal, there was much speculation about the identity of the mysterious second man. Who was he? The police were desperately trying to discover his identity.
During the tribunal, they offered a suggestion based on the search of the house where Joanne lived with her family. In her bedroom they had found a mattress. On the side of the mattress, a name was written: Tom Flynn.
The police believed he was the man they were looking for. Tom Flynn had to be the second man. But where was he?
Tom Flynn could not be found anywhere. After a while, the mystery was solved. Tom Flynn was no longer in Ireland. He had emigrated to the US in the 1970s.
Why was his name written on the mattress in Joanne’s bedroom? In the 1960s, he had worked in a department store which sold second-hand furniture. Apparently, he had written his name on a mattress which was bought by a member of Joanne’s family.
Was Tom Flynn the mysterious second man? Was he the father of Baby John? This was not very likely, since he had left Ireland in the 1970s, long before Baby John was born and found in 1984.
The police did not earn a good reputation when it was revealed that their best candidate for the second man had left Ireland in the 1970s.
Many people felt that the official investigation was unprofessional. The police became a laughing stock because of the way they had handled this case.
Chapter 5
In 1980, contraception became legal in Ireland. There were still some restrictions. But they were removed in 1985. Perhaps this decision was connected with the Kerry Babies Case which happened in 1984 and 1985?
The Catholic Church had been a powerful factor in Ireland. The church had issued rules and regulations which were later turned into law by the politicians.
What were the rules and regulations?
The major rules said:
** No contraception
** No divorce
** No abortion
The secondary rules declared:
** A woman is not allowed to leave Ireland and visit a foreign country in order to buy contraception
** A woman is not allowed to leave Ireland and visit a foreign country in order to have an abortion
** Homosexual activities are regarded as a crime
** Same-sex marriage is not legal
In the 1980s and the 1990s, things began to change. The trend continued in the twenty-first century. One by one, the rules and regulations issued by the Catholic Church were abolished.
Contraception was the first item on the list. Allowed with some restrictions in 1980. Allowed with no restrictions in 1985.
In 1992, a court case concluded that a woman was allowed to leave Ireland and visit a foreign country in order to have an abortion.
** Homosexual activities were not regarded as a crime from 1993
** Divorce was legal from 1996
** Same-sex marriage was legal in 2015
** Abortion was legal in 2019
The Kerry Babies Case, which happened in 1984 and 1985, seems to be a significant factor behind the wave of changes which began in Ireland in the 1980s and the 1990s and which continued in the twenty-first century.
The power, the influence and the authority of the Catholic Church was steadily decreasing from 1980. What was the reason for this development?
The Catholic Church was its own worst enemy. The Catholic Church could only blame itself for what was happening here.
The church was deeply involved in a series of scandals which were publicly revealed during those years
# 1. Young boys were sexually abused and molested by Catholic priests. Whenever there was a complaint, the church merely responded by transferring the guilty priest to another location where he could start over again.
# 2. Young unmarried women who became pregnant were placed in institutions which were run by the Catholic nuns.
In these institutions, which were known as Magdalene Laundries, the young women were forced to live and work under slave-like conditions.
# 3. When the young women gave birth, their babies were taken from them. In some cases, the nuns lied and told the young mothers that their baby was stillborn. In other cases, they told the truth: the babies were given up for adoption to a Catholic couple in Ireland or in the US.
Documents about these adoptions were sealed and information was never released to the mothers or their children.
# 4. When an adopted child grew up and wanted to learn the identity of his or her mother, the Catholic nuns would often refuse to release any information.
Sometimes they pretended to be helpful but sadly unable to offer any specific answers. They would lie and say that the archives for the year in question had been destroyed by a fire.
When the truth about these issues began to emerge, the Catholic Church was no longer able to control and dominate the population as it had in the past.
Some people had respected the church. Now they saw no reason to respect the church
Some people had feared the church. Now they no longer feared the church.
Chapter 6
Nell McCafferty (1944-2024) was one of several reporters who followed the Kerry Babies Case and who attended the public tribunal which was held in the beginning of 1985.
In 1970, she had been a co-founder of the women’s liberation movement in Ireland. The movement did not have many members, but they were highly dedicated.
In 1971, they had organized a trip to Northern Ireland where they had bought contraception (condoms) which was illegal in Ireland.
When they returned to Ireland, they went public. They had arranged campaigns where they donated condoms to different people. This was a protest against a law which they regarded as unfair and unjust.
But the women’s liberation movement did not last long. In 1970 and 1971, Ireland was not yet ready for a women’s liberation movement.
In 1984 and 1985, things were different. Nell McCafferty followed the case and she wrote a book about it which was published in 1985:
A Woman to Blame:
The Kerry Babies Case
She is also the author of a chapter in the book Mediating Moms: Mothers in Popular Culture which was published in 2012.
In 2016, a historical drama directed by Danny Hiller premiered. The title is:
Out of Innocence
In this drama, the story of the Kerry Babies Case is told in great detail.
The names of the main characters have been changed, but as far as I know, the story which is told in the drama is very close to the historical truth.
In 2018, the Irish police (An Gardai Siochana) apologised to Joanne Hayes for wrongfully accusing her of murder.
In 2020, the government of Ireland issued an official apology to Joanne Hayes
The official statement said that Hayes and her family will be awarded a substantial compensation
The official statement said that her family has received a declaration that all findings of wrong-doing against them by the Kerry Babies Tribunal were unfounded and incorrect.
The Kerry Babies Case happened long ago. But in Ireland it is not forgotten. It had a substantial impact on Irish society.
It was a catalyst for a movement which wants to secure fairness and justice for all.
REFERENCES
# 1. The following items are available online
Mike Milotte
“The forced adoption scandal,”
Rebel News
04 June 2018
Shane Harrison
“Kerry Babies: Irish state apologises to Joanne Hayes,”
BBC News
18 December 2020
Michael O’Regan
“Today, the accusations against Joanne Hayes would be laughed out of court. Back then…,”
The Irish Times
24 March 2023
# 2. Books
A Woman to Blame:
The Kerry Babies Case
By Nell McCafferty
(1985)
My Story
By Joanne Hayes
(1985)
Mediating Moms:
Mothers in Popular Culture
Edited by Elizabeth Podnieks
(2012)
Truth, Power and Lies:
Irish Society and the Case of the Kerry Babies
By Tom Inglis
(2019)
# 3. Film and video
Out of Innocence
A historical drama
(1984)
** Writer and director = Danny Hiller
** Run time = 108 minutes
Here are some ratings of this drama:
** 75 percent = IMDb
** 80 percent = Amazon
** 86 percent = Rotten Tomatoes (the critics)
Murdered:
The Baby on the Beach
A documentary film with three episodes
Channel 4 British television
(2023)
*****
"I am the Kerry Baby"
Baby John's tombstone
Baptised on 14 April 1984
*****
A Woman to Blame:
The Kerry Babies Case
By Nell McCafferty
(1985)
*****
My Story
By Joanne Hayes
(1985)
*****
Out of Innocence
This historical drama
about the Kerry Babies Case
premiered in 2016
*****
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