1985 revisited: Baby’s body on beach in Kerry led to 82-day inquiry

It was inquiring into how Joanne Hayes of Abbeydorney and members of her family had confessed to killing a baby washed up on a beach near Cahirciveen.

Ms Hayes had given birth to a baby two days earlier, but it emerged it had been buried on the family farm. The blood types of the two dead babies did not match, so it was most unlikely the two babies were twins.

After the Director of Public Prosecutions ordered a murder charge against members of the Hayes family be dropped, the Garda Commissioner had two senior gardaí investigate the force’s handling of the case.

On the basis of the report, the commissioner notified the minister for justice, who informed the cabinet the “report clearly indicates that the officers conducting the criminal investigation into the death of the Cahirciveen baby were grossly negligent in their handling of the case and he considers that some form of sworn inquiry is required to establish what really happened”.

As a result, the government set up a judicial tribunal under Justice Kevin Lynch.

The media seemed captivated during the initial days of the tribunal.

Reports read like they could have been extracts from a banned Irish novel of the 1950s. The daily reports made the front pages of all the national newspapers.

“Father of Kerry baby named,” the Cork Examiner noted.

“Joanne Hayes ‘sat on detective’s lap’,” the Irish Times proclaimed.

“Tribunal hears of love affair in a mini,” ran an Irish Independent heading, while an Irish Press headline said: “Joanne love letter read to Tribunal.”

John Sayers from Tipperary wrote a couple of indignant letters to the Taoiseach’s office.

In the first of those, on January 8, which was the second day of the tribunal, he complained about “the repetitive, blatant, savage and inhuman publicity”.

“As a person who is deeply and passionately proud of my Kerry heritage, I request that this publicity cease forthwith,” he added.

A week later, he asked the taoiseach’s department “to curb and control the continuing offensive publicity” in the Sunday newspapers, as well as the “sordid exposition of sexual aspects of this case, on daily news bulletins on radio and television”.

The case was expected to last for 21 days, but it continued for 82 days.

In his report in early October, Mr Justice Lynch concluded Ms Hayes was definitely not the mother of the baby found in Cahirciveen.

She had given birth in her own bedroom a month early.

The baby was having trouble breathing but no attempt was made to secure medical assistance.

Joanne Hayes’ mother, along with an aunt and sister, rebuked her for having another baby with Jeremiah Locke. She had already had a daughter out of wedlock with him.

Her mother had complained about having to rear another child.

“Joanne Hayes got into a panic and as the baby cried again she put her hands around its neck and stopped it by choking it,” the tribunal report noted.

“At some stage during the course of these events, Joanne Hayes used the bath brush from the bathroom to hit the baby to make sure that it was dead.” 

In his 274-page report, the judge concluded gardaí had grounds for being suspicious that Ms Hayes might have been the mother of the Cahirciveen baby, and hence they had a duty to investigate her.

He further concluded they had not physically abused her, or any member of her family.

But all were intimidated by their own mistaken belief they were being held in custody at the Garda station.

It was under the pressure of this mistaken assumption that they made the false statements, associating themselves with the Cahirciveen baby.

A few weeks after the tribunal began sitting, some 250 angry demonstrators, mainly women, chanted slogans at Mr Justice Kevin Lynch, legal representatives and garda witnesses as they emerged from inquiry.

Uniformed and plainclothes gardaí escorted the judge as he left the UDC building. He then walked 200 yards across the road to his hotel. 

The crowd, which included representatives of the Cork Rape Crisis Centre, and the UCC Women's Group, chanted: "We support Joanne."

The demonstrators carried placards reading, "Women are outraged", "Womanhood on trial", and other slogans. 

At the height of the two-hour protest, during which they marched up and down, they sang: "We shall not be moved", and joined hands in solidarity.

The demonstrators, who walked in a circle outside, reserved their strongest protest for the tribunal, but gave an enthusiastic reception to 25-year-old Joanne Hayes, of Abbeydorney, who left the building smiling and carrying bouquets of flowers.

Women shouted: "We support Joanne. We support the Hayes family," as the girl at the centre of the Kerry Babies affair was mobbed by well wishers.

In December 2020, the minister for justice and the Garda commissioner expressed “deep and sincere regret" to Joanne Hayes for the “truly appalling hurt and distress" caused to her and her family.

The statement was made in court as Ms Hayes and her family settled an action against the State.

The family launched legal proceedings against the State that year. They also asked the High Court to declare all findings of wrongdoing made against them by the Kerry Babies Tribunal as unfounded and incorrect.

Ms Justice Leonie Reynolds, who noted the settlement of the actions by the Hayes family, said it had been an ordeal for Joanne and her family which had spanned 35 years.

The judge also granted the Hayes family the declarations they had sought that all findings of wrongdoing made against them by a tribunal of inquiry during the 1980s — known as the Kerry Babies Tribunal – were unfounded and incorrect.

In a statement, Joanne Hayes said she wanted to acknowledge all those who had supported the family over the previous 36 years.

“I would particularly like to thank my friends who with their support and kindness gave us hope and strength through the darkest moments of this ordeal.” 

She also thanked the local community and “everyone throughout Ireland" who sent letters of support and prayers to the family.

“Throughout the years, the kindness and sense of community we have experienced has helped us through the most challenging moments of the period.

“It is my sincere hope and belief that after 36 years the suffering and stress of this ordeal is now finally behind us.”

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