 In mid-October Nicky Kelly, one of the three IRSP members tortured and framed by the Heavy Gang and convicted in the juryless Special Criminal Court will have his application for leave to appeal against that conviction heard by the Chief Justice. He, like Brian McNally and Osgur Breatnach before him, is determined that his innocence be proven. His case is one which concerns all Republicans and Socialists. Nicky Kelly, a native of Greignamanagh, Co. Kilkenny, but living in Arklow, prior to his conviction, has a record of involvement in national and local politics. He was active in assisting the beleagured population of the 6 Counties to defend themselves against the Loyalist murder gangs. In addition he was involved in campaigns for adequate hospital and medical facilities in Co. Wicklow. Disillusioned with the totally reformist politics of Official Sinn Fein, Nicky became a founder member of the Irish Republican Socialist Party, and was active in pursuit of its political objectives. Nicky was arrested in Arklow on April 5th 1976, ostensibly in connection with a mail train robbery. He was taken to a Dublin garde station and refused access to a solicitor. Like Osgur Breatnach and Brian McNally, Nicky was immediately subjected to intense psychological and mental torture in order to force him to sign an incriminating statement. At one stage his girlfriend was arrested and Nicky was told by the Heavy Gang that she would be charged unless his signature was forthcoming. He had been in illegal custody for 18 hours when he signed a statement prepared by Detective Garda Tom Dunne of the Special Branch. It was 3 a.m. on April 18th. He had been tortured continuously for 48 previously. TORTURED The following are examples of the torture, taken from Nicky's evidence to the court:
". . . rammed my head off the locker. . . spreadeagled . . . jabbed in ribs. . slapped in face. . . legs kicked. . . fell on ground. . . spreadeagled behind door. . . door opened. . . fell on ground. . . refused to get back up. . . hit on back with chair. . . hair pulled. . . head put down toilet. . . knee in groin. . . spat in my face. . . insulted. . . told tomorrow's a long day. . . eventually you'll sign. . . back of ears hit, chair legs placed on my palms as I lay on floor. . . Detective Finn sat in chair and spat in my face. . . both ears hit simultaneously. . . beaten by blackjack on biceps, above knee . . cried. . . frightened. . . didn't know what they were going to do to me. . . very tired, sore, ears ringing, bad headache, stomach sick. . . afraid for my life. . ." Two independent doctors and two prison doctors examined Nicky later on April 8th and 9th. These are some of the injuries they recorded:
" . . extensive bruising on outer arms from shoulder to elbow, left shoulder blade, ribs, pubic bone, left hip and thigh, left ear, wrist, above nipples, buttocks and large bruises on his right arm continuing to the back of the same shoulders measuring 7"X7". . .'' Nicky Kelly had been in illegal custody for 18 hours before signing the incriminating statement prepared for him. He had been tortured for nearly 3 days. He was held for a further 19 hours before being charged in court. On December 10th 1978, after two trials, his conviction imminent despite his innocence and his health still bad, Nicky Kelly jumped bail and escaped to the U.S.A. In his absence, he was sentenced to 12 years imprisonment for a crime he did not commit. In fact, the Sallins mail train robbery, was later claimed by the Provisional IRA. In the U.S.A. Nicky was treated in three hospitals for severe depression, chronic headaches, insomnia and concurrent nightmares that reenacted the special branch tortures. Since last June, he has been undergoing psychiatric treatment. In May of this year, following the successful appeal of Brian McNally and Osgur Breatnach, he was returned to Ireland to clear his name. He was arrested at Shannon Airport and jailed. His forthcoming appeal will be based on the same grounds as those of his two co-accused who were freed on appeal - his conviction based, like theirs, on so-called "voluntary statements". His health is deteriorating and he was recently brought to hospital for tests. The Irish Republican Socialist Party demands:
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