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RollingNews.ie

President Higgins set to sign posthumous pardon for man executed in 1895

The pardon will be the fifth Presidential pardon since 1937 and the third posthumous pardon.

PRESIDENT MICHAEL D Higgins is expected to sign a posthumous Presidential pardon today for a man who was executed in January 1895.

John Twiss was executed in 1895 after being found guilty of murdering John Donovan near the Cork/Kerry border in 1894.

The pardon was granted approval by the Minister for Justice Helen McEntee on 30 November, after an expert review of the case clearly pointed to a wrongful conviction.

The pardon will be the fifth Presidential pardon since 1937 and the third posthumous pardon.

After the approval was granted by McEntee, Taoiseach Micheál Martin made arrangements to convey the Government’s decision to President Higgins.

Higgins had previously backed the calls for a Presidential pardon to be issued to Twiss.

In April 1894, Twiss was one of two people arrested and charged with the murder of Donovan.

Donovan was a caretaker of a farm, from which a family was recently evicted, and was taken from the house late at night and beaten, before being shot in the arm.

Neighbors found Donovan alive the next morning, but he died shortly after.

Twiss was subsequently arrested, alongside one other man and was put on trial.

The only evidence against Twiss was identification evidence from Donovan’s 7-year-old son, who witnessed the attack and identified Twiss during the second identity parade. Two further witnesses were produced by police two months after his arrest.

Twiss was tried in early 1895, with the trial lasting for three days, between 7 and 9 January.

The case taken by the prosecution was that Twiss was hired to carry out the murder, with the jury being convinced of his guilt and he was sentenced to death by hanging.

The Fermoy Town Commissioners wrote to the Lord Lieutenant in Dublin Castle on 30 January 1895, alongside a petition with 40,000 signatures, seeking for a Prerogative of Mercy to be issued.

While the letter was acknowledged, Twiss’ release was refused. “The law must take its course,” read a statement from Dublin Castle.

In a statement after recommending a pardon be granted, McEntee said that a very high bar has to be reached for pardons to be considered by the Government.

“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.

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.

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    Mute Frank Gooding
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    Dec 16th 2021, 7:15 AM

    Good they’re priorities are on point. Nothing else going on to worry about.

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    Mute sean o'dhubhghaill
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    Dec 16th 2021, 7:22 AM

    @Frank Gooding: What are you suggesting the Oireachtas does?

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    Mute SmallbutMighty
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    Dec 16th 2021, 8:32 AM

    @Frank Gooding: so justice shouldn’t matter because someone is dead or enough time has past?

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    Mute William Tallon
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    Dec 16th 2021, 10:17 AM

    I would have imagined that a pardon would only make sense if it were issued on behalf of the authorities responsible for the particular miscarriage of justice. President Higgins represents the Republic of Ireland which did not exist back then and not her Majesty’s Government who through its representative in Ireland the Lord Lieutenant was ultimately responsible for allowing this innocent man to hang…

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    Mute der Fussballmeister
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    Dec 16th 2021, 7:52 AM

    Can’t beat a good old fashioned posthumous pardon and so unusual to see police using a scapegoat.

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    Mute Dave Johnston
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    Dec 16th 2021, 10:13 AM

    I’m sure hel be delighted to hear the news.

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    Mute Matt Rogers
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    Dec 16th 2021, 10:52 AM

    Granting a “pardon” to an innocent man is illogical.

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    Mute William Tallon
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    Dec 16th 2021, 11:54 AM

    @Matt Rogers: This is about a previous Presidential pardon and might shed some light on things or make you even more confused – https://www.justice.ie/en/JELR/Pages/PR18000112

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    Mute James Harbourne
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    Dec 16th 2021, 11:11 AM

    Jesus Christ 1895 I’d say your man will be delighted

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    Mute Frank McGlynn
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    Dec 16th 2021, 12:16 PM

    A person can be pardoned for some act they have committed. How can someone be pardoned for an act he never committed.

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    Mute Mike Keane
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    Dec 16th 2021, 8:55 AM

    Twiss the night before…

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    Mute The only INFP in Ireland
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    Dec 16th 2021, 11:07 AM

    Henry McCabe was hanged for the Malahide murders but no one who lived locally believed he had done it. I often wondered if they got the wrong man

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    Mute Pablo 123
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    Dec 16th 2021, 12:14 PM

    How about a pardon for Oliver Twist

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    Mute Jonathan
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    Dec 16th 2021, 12:10 PM

    Good to see him doing a bit

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    Mute Paul Rooney
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    Dec 16th 2021, 8:45 PM

    I’m happy for the chap. He will feel better now.

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