The Kerry Babies Case

Generally, I agree. But even without knowing all the facts, this case has features which may mean the DPP may step back from it.

For instance, one of the possible scenarios* is that the mother killed the child in a post-natal psychotic break - which could leave us with a case of manslaughter or guilty but insane on the face of things. Better understood now, but not understood in 1984. If it goes in that direction, I can envision a lot of people being uncomfortable with a prosecution being pursued. With the passage of time, mounting a defence may be extremely difficult (can a credible psychological report be generated 40 years after the fact? I don't know) - the prospect of the case being thrown out due to the danger of an unsafe trial would be high.

I'm not answering yay or nay to a prosecution either way, but in the above scenario for instance, the DPP would have to have the wisdom of Job to make the right call in deciding to bring a prosecution or not. Where the case rests in Irish social and legal history is another consideration, a prosecution of what was an ill mother may not play well with the public at all.

*That's just one scenario, and entirely speculative at that.

If indeed they have made 'no comment' during the 24 hour questioning, then can they be charged on the suspicion of murder & withholding information.

If we are in possession of most of the facts (i.e. they are matched to the baby via DNA, but have not commented and there is no other evidence), the high likelihood is the DPP will not recommended charges. Neither would they be charged with withholding evidence, they have a constitutional right to silence. The Gardai are not empowered to pursue murder charges, only the DPP.

Pursuing prosecutions where there is an extremely low chance of a conviction is bad prosecutorial practice and ultimately undermines confidence in the justice system at large. This case already is in the pantheon of Irish criminal justice and legal screw-ups - let's not generate another one.

I'm not even speaking in defence of the couple necessarily here, just trying to float the idea that the Gardai and DPP trying to pot a conviction by all means necessary without facts to hang a case on is probably a poor idea.

I was merely giving one possible hypothesis and teasing out the prosecutorial process. The hypothesis I gave is just one where both the DPP and State would concievably experience major blowback if they pushed a prosecution. We can already see from the commentary on the case over the last week or so the complex sensitivities around it.

The reality is that the Gardai have even less than that in their hands. If there's no evidence, and the couple won't talk, the liklihood of prosecution is extremely low. You can't hang a murder case on zero facts.

It's already under the rug for better or worse, and short of the couple spilling the beans it's likely to stay that way. If they had hard evidence of a murder with malice of forethought and can pin it to an individual with a credible case by all means they should go after it - but they don't.