Framed IRSP man Nicky Kelly is still waiting for the reserved judgement to his application for leave to appeal against his wrongful conviction for the Sallins Mail Train Robbery. The Robbery was publicly claimed by the Provisional IRA earlier this year. The Court of Criminal Appeal (Justices Parke, Gannon and Carroll) have been silent since November 10th last. Nicky's co-accused Brian McNally and Osgur Breatnach were freed after their successful appeals last May. Last June Nicky returned voluntarily from the USA "to clear my name" but was immediately arrested and jailed,

The Sallins Mail Train Robbery netted over £500,000 in March of 1976 when the Fine Gael-Labour Coalition was in power. The politically embarrassing robbery was used by the state as a cover to launch a black-propaganda campaign against the IRSP in an attempt to smash the registered legal party. Over 40 members and supporters throughout the 26 counties were arrested, many tortured, and after some had signed incriminating statements under duress, six were actually charged with the robbery.

A public outcry followed as eleven IRSP members stated they would take legal action against the state for damages for assault. The state dragged their feet for nine months without producing the mandatory books of evidence and then the case was thrown out of court. But when the IRSP insisted they would still take the legal action the state moved again and recharged four of the original six.

Two long court cases in the juryless Special Criminal Court followed.

The Garda Commissioner was sacked by the new Fianna Fail government on the first day he gave evidence to the government's Barra Brian Commission into allegations of torture. None of the lengthy recommendations of this Commission were ever implemented. Amnesty International by this stage had found substance in the widespread allegations.

The first trial, the longest in Irish legal history, was aborted when the Sleeping Judge died shortly after the IRSP 4 journalists and solicitors had claimed he consistently slept while evidence was heard. The second trial was shorter and to the point. One IRSP man was acquitted early on while the other three were sentenced to a total of 33 years.

Nicky Kelly jumped bail three days before he was sentenced due to his bad health. The other two served 17 months in jail until an international campaign forced their released.

Nicky Kelly is innocent. Not only do most Irish people know it but so also do informed people across three continents. Anything that will hasten his release should be implemented. Meanwhile the Garda Heavy Gang remain promoted and active. The Special Criminal Court still sits juryless, interpreting its own rules of evidence, directed by politically appointed judges. Recently they sentenced three men to be executed.

A public inquiry into the Great Train Robbery frame-up is the least that should be called for ‹ along with a similar enquiry into the Special Criminal Court.