As the Starry Plough readers will know, the case stems from a mail train robbery near Sallins, Co. Kildare, in March 1976. On April 4th the special police arrested 40 members and supporters of the IRSP. The IRSP offices were occupied and ransacked for over two days. Files were taken and destroyed by the police. Nine people were then rearrested and 4 were charged. After 60 hours of constant interrogation and beatings, Nicky Kelly was alleged to have made a verbal statement.

On 13th December 1978 Nicky Kelly was sentenced to 12 years penal servitude, in his absence, as he had jumped bail and left the country. Brian McNally and Osgur Breathnach were sentenced to 9 and 12 years respectively.

McNally and Breathnach were released by the Court of Criminal Appeal on 19th May 1980. In June, Nicky Kelly returned from the USA to protest his innocence and to demand the right to, appeal against his conviction. He was immediately arrested and placed in Portlaoise Prison, where he is to this day.

Since then Nicky Kelly has gone through a series of legal wrangles to establish his right to an appeal . The State has continuously opposed his actions and have fought long and hard to keep Nicky Kelly in prison. This, coupled with a continuous practice of having reserved verdicts, has kept Nicky Kelly in prison for over 20 months. On 15th February, Seamus Sorahan commenced Nicky's appeal before Justices Finlay Henchy, and Barrington. There were 14 grounds on which the appeal was made. He submitted that there was not enough evidence against Nicky Kelly. That the Special Criminal Court had been wrong in holding that Nicky Kelly had been held under a warrant. Nicky Kelly was arrested, as were the rest, under section 30 of the Offenses Against the State Act. Seamus Sorahan demanded of the court that section 30 be strictly enforced as it abrogated the rights of the individual under the Constitution. He held that there were no powers of interrogation in section 30 and thus the 14 special policemen who "questioned" Nicky Kelly for 60 hours continuously were acting illegally.

Through his defense, Nicky Kelly had stated that he was tortured by the special branch and had wanted to call all the Gardai in Fitzwilliam St. Barracks, as witnesses to his screams. The prosecution would not make these Gardai available, lest they confirm Nick's claim.

Seamus Sorahan raised the matter of Nicky's bruises and marks. The Special Criminal Court had stated that there were either self-inflicted or inflicted by persons unknown, but not by the special police.

It was alleged by the special branch that Nicky Kelly made his verbal statement at 5.15 a.m. and yet he was not charged until 4 p.m. They alleged that he had made a written statement at 5.45 a.m. Between 5.45 a.m and 4 p.m., he was placed in a cell with other suspects. This was counter to the Judges Rules. R. Barr, SC for the prosecution, claimed that there were no marks on Nicky Kelly when he was placed in the cell and therefore the marks had to have been done inside the cell. Why was he put in a cell with others unless it was to find an excuse for the bruises and marks, left by the police during his interrogation?

Nicky Kelly's counsel also challenged the practice of moving people from Barracks to Barracks. Nicky Kelly was arrested in Arklow but was moved to Fitzwilliam street, The Bridewell in Dublin and Ballymore Eustace.

The main argument of the Prosecution was that the allegations of torture and ill-treatment were as a result of a sustained plot by the IRSP to "discredit" the Special Criminal Court. Mr. Barr claimed that the IRSP had picketed the Bridewell Barracks in Dublin as part of that plot. He went on then to defend the State when they refused to bring forward the Gardai from Fitzwilliam St. So when the State had an opportunity to prove that there were no screams in the Barracks that night, they would not do it. Continuously the Prosecution case was an apology for the conduct of the Special Branch.

As has been stated Nicky Kelly is innocent and is being punished not for the robbery near Sallins but because he jumped bail. The State has tried to ensure that Nicky Kelly "pays" for his original decision not to await sentence. The State by their petty and vindictive attitude have made a mockery of the Justice they claim to represent.

Since the establishing of the IRSP, the Free State and its agent, the Gardai, have tried to smash the Party. In this they have singularly failed. The IRSP will continue to grow and to organise to establish a Democratic a Socialist Republic in Ireland. Nicky Kelly is now in Portlaoise Prison awaiting result of the reserved verdict. His fight will continue until he gets the result he deserves -- His freedom.