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THE MINISTER FOR Justice has received approval from the government to recommend the pardoning of a man executed in January 1895.
It is now up to President Michael D Higgins – who has previously supported such calls – to issue the pardon for John Twiss who was convicted of murdering John Donovan near the Cork / Kerry border in 1894.
If granted, it’ll be only the fifth such presidential pardon since 1937, and only the third posthumous one.
Justice Minister Helen McEntee said that the decision to recommend the pardon was made after an export review of the case clearly pointed to a wrongful conviction.
In April 1894, John Twiss was one of two men in the local area arrested and charged with the murder of John Donovan.
Donovan was, a caretaker of a farm from which a family were recently evicted, was dragged out of his house during the night in front of his 7-year-old son, beaten and shot in the arm.
He was found by a neighbour the following morning still alive, but subsequently died.
The only evidence against Twiss at that time was the identification evidence offered by Donovan’s young son, who only identified Twiss at the second identity parade, where he was flanked by two police officers. Two further witnesses were produced by police three months after Twiss’ arrest.
The first man was tried in December 1894 and quickly acquitted. A month later, the trial of John Twiss was held and lasted for three days, 7 to 9 January 1895.
The prosecution case was that John Twiss was hired to carry out the murder and that he travelled 16 miles from his home in Kerry to Newmarket in Cork to kill Donovan, and then travelled the 16 miles back. The jury were convinced of his guilt and on 9 January sentenced Twiss to be hanged for murder.
The Fermoy Town Commissioners wrote to the Lord Lieutenant in Dublin Castle on On 30 January 1895, asking him to exercise his Prerogative of Mercy in Twiss’ case, accompanied by a petition with 40,000 signatures. The letter was acknowledged by Dublin Castle but the discharge of Twiss was refused, with the statement: “The law must take its course”.
Family overjoyed at news, JOHN TWISS of Cordal, Castleisland to receive PARDON.
— Michael O'Donohoe Memorial Heritage Project (@MichaelODonoho5) November 30, 2021
Castleisland District Heritage is proud to have played a major part in this campaign, and is grateful to Brendan Griffin TD for his ongoing and resolute support in bringing this matter to conclusion. pic.twitter.com/c9UfOE6mVD
“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 make such a recommendation to the President,” McEntee said in a statement.
“This case is quite well known, particularly in Kerry, and is regarded as a clear historic injustice. In reaching a decision on this matter, I have carefully considered the expert report commissioned by the then Minister for Justice, Charlie Flanagan TD, and the additional evidence provided by the Michael O’Donohoe Memorial Heritage Project. I would also like to particularly acknowledge the work of Mr John Roche who has engaged extensively with my officials on this matter.”
McEntee added that the Taoiseach is making arrangements to convey the Government’s decision to President Higgins.
Dr Niamh Howlin, an expert in 19th Century trial law and an Associate Professor in the Sutherland School of Law, UCD, was commissioned by the Department of Justice to provide a report in which she considered the various aspects of Twiss’ case, including the identification evidence, witness testimony, and the conduct of the trial.
“Twiss was convicted on the basis of circumstantial evidence that can best be described as flimsy, following a questionable investigation…the problematic aspects of this case are like ‘strands in a rope’ which together lead to the conclusion that the nature and extent of the evidence against Twiss could not safely support a guilty verdict,” Dr Howlin concluded.
Minister McEntee thanked Dr Howlin for her work on this “difficult case”, adding: “While we shouldn’t forget that a life was taken, it is clear to me from reading Dr Howlin’s report that the evidence against Mr Twiss, the manner in which that evidence was obtained by the authorities, and the overall conduct of the trial could in no way safely support a guilty verdict, even judging by the prevailing standards at the time.”
McEntee said the Department intends to publish the report in the coming weeks.
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I can see more countries leaving with what they got
@Shaun Gallagher: But But which other countries have a massive trade deficit with the EU and would grant them free trade and which other countries with massive trade surplus in services would agree to leave without any arrangements for future trade.
I’m afraid the EU won this one like they’d win others.
Might won the British Empire but Might won the withdrawal agreement.
There is no win win in this one. It’s a lose win, game set and match to the EU.
@Shaun Gallagher: don’t think so Shaun….look at how dreadful a procedure it was and how it divided a country with much bitterness..the effects coming up will hurt the economy big style Even the Italians have gone quite on leaving….
@Shaun Gallagher: EU runs a huge trade surplus with UK, the EU will do well with an FTA.
Meanwhile UK runs a services surplus with EU, which is not covered by the deal. Services is something like 80% of UK economic activity.
I’d wait a few years before making predictions.
@Cian Martin: Hopefully but not great for us at all in Donegal with the fishing deal done
@Shaun Gallagher: what exactly did they get that is so good?
@Monadnock Mc Inselberg: He means they got tariff- and quota free access to the single market without having to respect the main EU principles such as free movement. But as Cian points out the deal leaves out their massive services market (as any EU trade deal does). We’ll have to see how this all plays out. For one British access does not seem to be free forever. But to be fair I’m still waiting for a decent analysis about how precisely this deal protects the EU’s founding principles. I think journalists need some time to flesh it all out. Well, I guess they’ve needed their Christmas too, so I’ll be patient.
80% of UK economic activity left out of the deal? City of London looks set for decline, UK financial sector has had its day. Boris took what he was given by the EU and is putting on a light show to distract everyone from the real failure.
Financial sector runs the UK economy. Food and industry pale in comparison. Disaster for UK. Equivalent to Ireland losing its foreign investment.
@Attila the Hun: Brits lose the recognition of their professional qualifications in Europe, have to have a visa to live there, will have to pay a travel tax to enter EU from 2022, lose their rights as students to go on Erasmus year, cannot sell services including financial services to EU countries without hindrance, cannot extradite fugitive criminals holed up in the EU back to the UK, have to keep all existing EU rules, have to keep their future regulatory standards in line or face tariffs and quotas.
Brilliant deal. At least they start to spend £350 million extra each week on the Health service from next week, er don’t they Boris?
@Ciaran O’Mara: Erasmus has been replaced with a far better system that will allow UK Students to travel to & study in any country in the world. The ratio of students from the EU compared to going to the EU was 2 to 1 & the EU doesn’t have a single world class 3rd level education institution while the UK has 5 or 6 & Switzerland the only other European country has 1. Now EU students will have to pay the full cost for studying in the UK just as Americans, Indians & Chinese do.
@Joe Thorpe: that’s the point.. they will go elsewhere.
@Joe Thorpe: tell that to all the UK students who used Erasmus for the last 33 years.
@Ciaran O’Mara: it was Nigel THAT PROMISED THAT AND TJEN DISAPPEARED
@Joe Thorpe: ‘ the EU doesn’t have a single world class 3rd level education institution’ Joe lad, that’s infantile
Bye bye eu
@John Errity: Yep
@John Errity: Bye Bye John
@John Errity: where is it going?
So, can I buy goods from UK without paying vat there and here ?
@JillyBean: I think you will pay vat at EU import time. What the UK do is up to them, they are not subjecr to EU vat legislation directly any more
People say the Irish say bad things about the British, but just had the misfortune to read an article in the daily express about david McWilliams and his view of brexit . The level of abuse about this country was unreal . It’s here at https://www.express.co.uk/news/world/1376773/Brexit-deal-news-latest-uk-eu-ireland-david-mcwilliams-economist
@Mike Kelly: Sadly typical of many Irish views on the British people, along with gloating for whatever misfortune bestows us.
@Rob Sims: I think you got the wrong end of the kettle , old boy
@Mike Kelly: They are Daily Express readers. That is all!!
@Rob Sims: I wonder why that could be?? Imagine if the EU took all of Britain’s sustainance and watched her people die and emigrate whilst part of the Union? That might cause a wrinkle for a couple of hundred years
I should of said in the comments section
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