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Why did Gardai destroy possible burial site of Irelands longest missing child?

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  • Registered Users, Registered Users 2 Posts: 14,087 ✭✭✭✭Johnboy1951


    This! x1000.

    We have the investigating officer on record saying he believes Mary Boyle never left Ballyshannon.

    That, coupled with the fact that she disappeared 40 years ago makes it more reasonable to assume death, as opposed to life.

    An assumption does not provide the evidence on which to base any decision.


  • Closed Accounts Posts: 4,023 ✭✭✭Satriale


    Here we have what looks like an insinuation that there's a recording of the alleged call:


    Gemma O'Doherty
    @gemmaod1

    During the Troubles, the IRA had a habit of recording phone calls to garda stations, especially those close to the border
    11:45 am - 15 Aug 2016



    Surreal.

    https://mobile.twitter.com/gemmaod1/status/765258061435076608?p=v

    I'd say somebody, somewhere broke out in a cold sweat when they read that tweet...
    :D


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    An assumption does not provide the evidence on which to base any decision.

    There's no evidence to suggest she's alive so that works both ways.


  • Registered Users, Registered Users 2 Posts: 14,087 ✭✭✭✭Johnboy1951


    There's no evidence to suggest she's alive so that works both ways.

    The point is that no it does not work both ways.
    The coroner only takes action if there is cause to believe there is a death.
    Absence of evidence of one does not imply evidence of the opposite.


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    The point is that no it does not work both ways.
    The coroner only takes action if there is cause to believe there is a death.
    Absence of evidence of one does not imply evidence of the opposite.

    But there is cause to believe there has been a death.

    Without stating the obvious it's nearly 40 year on.

    A coroner has taken action before in absence of evidence.

    http://www.mayonews.ie/index.php?option=com_content&view=article&id=10569:open-verdict-recorded-in-louisburgh-mans-inquest&catid=23:news&Itemid=46


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  • Registered Users, Registered Users 2 Posts: 14,087 ✭✭✭✭Johnboy1951


    The coroner did not take independent action but was permitted/instructed to hold the inquest by the minister. It does not say who applied to the minister for the inquest to take place.
    permission had been granted by the Minister to hold the inquest, after an application requesting one was made, as is normal procedure where remains are not recovered.
    The missing person was an adult whose car was
    located at a carpark near Downpatrick Head

    There is little these two cases have in common.

    It might be worthwhile for the child's twin sister to apply to the minister if not already done .


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    The coroner did not take independent action but was permitted/instructed to hold the inquest by the minister. It does not say who applied to the minister for the inquest to take place.

    The missing person was an adult whose car was


    There is little these two cases have in common.

    I don't know.

    In my opinion the balance of probability that either two still were alive must be fairly close to non existent, and the 40 year elapse in this case must lend even more credibility to the suggestion that Mary is not alive.

    Plus, if they were of a mind to, an adult could choose to engineer their own disappearance, something that cannot really be similarly expected of a 6 year old child.

    That in itself places an onus on those in authority to begin to at least question the validity of continually entertaining the probability that she did not come to some form of harm of life ending proportion.

    She'd be around 46 now.

    Maybe they'll wait another 60 years just to be on the safe side so that they won't have made a mistake today in case she turns up in the middle of proceedings and makes the Coroner look ridiculous for suggesting she was dead.

    That sounds disrespectful, it's not meant to be, but if it can relatively easily be accepted that the man in the case mentioned was dead I can't see a difficulty accepting that a 6 year old missing for the last 39 years is just as dead.

    And that sounds disrespectful again, and it's not meant to be, I'm just trying to position the conventional and "legitimate" or "accepted" thought process for convening one inquest onto the "rejected" or "illegitimate" thought process that seem to be refusing a request for an inquest for Mary.

    The fact that Martin Collins has made a clear allegation that there is a deliberate cover up and that it is his professional/personal opinion that she never left the area should be enough in this case, there were no allegations of any sort in the other inquest where death was freely accepted.

    EDIT: It's very difficult to discern what exactly Marys sister has been told in writing or what formal approaches have been made about this request.

    Talk of her mother putting it in her will etc. is completely irrelevant.


  • Posts: 0 [Deleted User]


    I don't know the answer, but I expect he would be guided by what evidence, if any, the police might have, showing a death actually took place.
    In the absence of evidence of a death, it is not unreasonable to presume life.
    An assumption does not provide the evidence on which to base any decision.

    I could turn that around, and say that in the absence of evidence of life - for the last 40 years - it is not unreasonable to presume death, especially when that is the belief of the Garda who investigated the case originally.

    I would add that neither presumptions, nor assumptions, provide evidence - yet there are multiple cases in the past where people who have been missing for a number of years have been declared dead.

    http://www.citizensinformation.ie/en/death/sudden_or_unexplained_death/missing_presumed_dead.html
    However, under Section 23 of the Coroners Act 1962, a Coroner may make a submission to the Minister for Justice and Equality requesting an inquest if he/she has to reason to believe that a death has occurred in or near his/her district
    Now, I could be mistaken, but I would think it's likely that there is "reason to believe" that a death has occurred....
    Certainly, the investigating officer believes so.....


  • Registered Users, Registered Users 2 Posts: 14,087 ✭✭✭✭Johnboy1951


    Personally I agree that the most likely scenario is a death.

    As everyone posting must have found during life, people in 'positions' tend to be conservative in their actions (CYA) and I strongly suspect this is the reason why there has been no inquest ..... that and maybe some outside influence also?

    @Going Forward ..... I agree with just about everything you posted in your last post, but I would question this
    The fact that Martin Collins has made a clear allegation that there is a deliberate cover up and that it is his professional/personal opinion that she never left the area should be enough in this case, there were no allegations of any sort in the other inquest where death was freely accepted.

    You might be right that this would be sufficient (for some coroners) to make the 'right' decision. Apparently it is not in this case, and there are reasonable grounds for either decision it seems.


  • Registered Users, Registered Users 2 Posts: 14,087 ✭✭✭✭Johnboy1951


    Now, I could be mistaken, but I would think it's likely that there is "reason to believe" that a death has occurred....
    Certainly, the investigating officer believes so.....
    I too believe so. That is not the point though.
    It is not unreasonable to take the other view that this case is an abduction that has not been solved, and the child has been raised elsewhere and is alive. The absolute lack of any evidence to the contrary makes this also a reasonable theory. If one were to 'err on the side of caution' then the abduction theory might be the one chosen.
    It would not be my choice but I am not the coroner. ;)


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  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    http://www.highlandradio.com/2016/08/15/retired-detective-sergeant-says-he-was-not-put-under-pressure-during-mary-boyle-investigation/

    Aidan Murray's statement.

    I'm a little confused by his present tense terminology.

    He now says "I say", in describing the alleged call from the politician being hearsay.

    This statement was the ideal opportunity for him to state that he "said" something, and that what he "said" was not broadcast or deleted or edited.

    He is not saying he "said" it when his interview was being recorded.

    He says it now. "I say".....

    This is significant.

    He does not do this, does not make any such claim when putting pen to paper.

    That reluctance does his statement no favours.


  • Registered Users, Registered Users 2 Posts: 1,223 ✭✭✭Macca07


    Legally, in this country, if someone is missing for seven years or more, you can apply to the High Court. The High Court will then examine the situation, and if it finds (on the balance of probabilities) that the person is more likely to be dead than alive, a declaration will be made that the missing person is legally to be presumed dead. Once the High Court declaration has been obtained, the person's property may be distributed, life insurance and pension paid out, and the bereavement-related social welfare payments paid to entitled dependants.

    Taken from http://www.citizensinformation.ie/en/death/sudden_or_unexplained_death/missing_presumed_dead.html.

    I presume this has been done already by the family, and if so, the High Court has already ruled that death has occurred.


  • Registered Users, Registered Users 2 Posts: 14,087 ✭✭✭✭Johnboy1951


    Macca07 wrote: »
    Legally, in this country, if someone is missing for seven years or more, you can apply to the High Court. The High Court will then examine the situation, and if it finds (on the balance of probabilities) that the person is more likely to be dead than alive, a declaration will be made that the missing person is legally to be presumed dead. Once the High Court declaration has been obtained, the person's property may be distributed, life insurance and pension paid out, and the bereavement-related social welfare payments paid to entitled dependants.

    Taken from http://www.citizensinformation.ie/en/death/sudden_or_unexplained_death/missing_presumed_dead.html.

    I presume this has been done already by the family, and if so, the High Court has already ruled that death has occurred.
    I have not accessed anything that would indicate this is so. Do you have anything that might throw light on such a High Court application?


  • Registered Users, Registered Users 2 Posts: 24,011 ✭✭✭✭Esel
    Not Your Ornery Onager


    http://www.highlandradio.com/2016/08/15/retired-detective-sergeant-says-he-was-not-put-under-pressure-during-mary-boyle-investigation/

    Aidan Murray's statement.

    I'm a little confused by his present tense terminology.

    He now says "I say", in describing the alleged call from the politician being hearsay.

    This statement was the ideal opportunity for him to state that he "said" something, and that what he "said" was not broadcast or deleted or edited.

    He is not saying he "said" it when his interview was being recorded.

    He says it now. "I say".....

    This is significant.

    He does not do this, does not make any such claim when putting pen to paper.

    That reluctance does his statement no favours.

    "I say" is normal legalese in an affidavit.

    Not your ornery onager



  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    If one were to 'err on the side of caution' then the abduction theory might be the one chosen.
    It would not be my choice but I am not the coroner. ;)

    He should throw caution to the wind.

    How could it be ever later established that there was an error in arriving at the conclusion she's dead??


  • Registered Users, Registered Users 2 Posts: 1,223 ✭✭✭Macca07


    I have not accessed anything that would indicate this is so. Do you have anything that might throw light on such a High Court application?

    Why would you? Are you a family member? This is common practice by most families when a body isn't recovered. I never once stated this was fact.

    I think you're forgetting this is the Conspiracy Theories thread. You keep looking for facts for everything stated.

    If we had facts, we wouldn't be here.


  • Closed Accounts Posts: 4,023 ✭✭✭Satriale


    Aidan Murray's statement.

    I have a lot of sympathy for the two retired Gardaí. I wouldnt care to be an elderly man speaking out against against Garda corruption or bad practice/incompetence, we only have to look at the attempts to smear and silence Sergeant Maurice MacCabe, Garda John Wilson (and of course O Doherty herself losing her job).
    It took a lot of courage for those two men to participate in that documentary in the first place.


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    Esel wrote: »
    "I say" is normal legalese in an affidavit.

    It's irrelevant IMO.

    He has a blank piece of paper in front of him.

    He doesn't use it.


    He never once states that he told Gemma O Doherty during the making of the documentary or on camera that the phone call was "hearsay" or that his superior officer had "concerns for the mental health" of the person he was questioning.

    He does not say "I told her this clearly and she refused to include it", nor does he make any attempt to say this.

    This was his opportunity to make that claim and put it on the record.

    He didn't avail of it.

    He does make reference to the documentary being edited in a manner he is unhappy about.

    But technically speaking, so what?

    It means nothing; you can't make a documentary without "editing".

    If it had been Sgt. Collins claiming that he had been edited, I might take the claim seriously, because I think his piece on the "phone call" looks edited.

    But Sgt. Murray has not availed of this opportunity to claim that his original interview or preparation work with O Doherty included something which has now been omitted by the producer.

    But he is asking the reader to come to the conclusion that he did.

    I don't come to that conclusion.

    If she had said to him, introducing the theory to him, either on or off camera, "I've heard that there was a phone call made to the station, etc. etc", why does his this statement not claim that he told her either on or off camera that that was just hearsay?



    He hasn't done this in this statement.


  • Registered Users, Registered Users 2 Posts: 2,804 ✭✭✭oranbhoy67


    Re Aiden Murray's reference to the suspects mental health, what I believe was actually said after the interview was - " if we had kept pressuring that man he would have been hanging from a tree tomorrow"

    as Murray made clear in the doc that he thought the suspect was on the verge of confessing if they had kept at him, then he hopefully wouldn't have seen a tree for the rest of his life unless thru iron bars.


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    Gemma O'Doherty
    @gemmaod1

    Martin Collins has named on camera the FF politician who called his station and ordered certain people not be made suspects for #MaryBoyle


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  • Registered Users, Registered Users 2 Posts: 11 Tannerite


    Gemma O'Doherty
    @gemmaod1

    Martin Collins has named on camera the FF politician who called his station and ordered certain people not be made suspects for #MaryBoyle

    Some intresting posts over the last couple of pages but regarding this one

    Did martin collins
    A take the call
    B was there when the call was taken
    C hear about the call later
    Becaues unless he answered the phone i dont belive B and C would count for much


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    Tannerite wrote: »
    Some intresting posts over the last couple of pages but regarding this one

    Did martin collins
    A take the call
    B was there when the call was taken
    C hear about the call later
    Becaues unless he answered the phone i dont belive B and C would count for much


    Truth be told it's hard to know who's telling the truth now.


  • Registered Users, Registered Users 2 Posts: 11 Tannerite


    Truth be told it's hard to know who's telling the truth now.

    Indeed thats one of the reasons i would like to see a time line of known facts

    Regarding the inquest if one or two people requested it nothing would happen
    however if enough of the population requested one would the goverment not have to hold one is there any legislation regarding the national intrest or incident of national intrest ??? Is that a possable means to an end


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    Tannerite wrote: »
    Indeed thats one of the reasons i would like to see a time line of known facts

    Regarding the inquest if one or two people requested it nothing would happen
    however if enough of the population requested one would the goverment not have to hold one is there any legislation regarding the national intrest or incident of national intrest ??? Is that a possable means to an end

    I'm inclined to let this simmer.

    O Doherty has another documentary ready to be launched, she needs to blow a hole in this case before she launches the other one.

    If not her reputation for making "investigate documentaries" is shot before it starts.

    The new one is the Fr Molloy case.

    If she hasn't got the goods on the Mary Boyle case, no one will take her work seriously.

    She'll be dismissed as a loony and a crank with an axe to grind.

    She's turning the screw I think, to see if someone come will clean, or retract their retraction.


  • Moderators, Politics Moderators Posts: 43,052 Mod ✭✭✭✭Seth Brundle


    Gemma O'Doherty
    @gemmaod1

    Martin Collins has named on camera the FF politician who called his station and ordered certain people not be made suspects for #MaryBoyle
    I still don't see how the Gardai would have paid any attention in terms of a likely murder investigation because some hick politician told them not to.
    What would have been in it for the politician to make a call like that?
    The politician had no power nationally so why would the gardai pay his demands any heed?
    It doesn't make sense!


  • Banned (with Prison Access) Posts: 677 ✭✭✭Giacomo McGubbin


    Let's suppose, all these assumptions and accusations throughout the thread (and you know what they say about assumptions) might be correct.

    Assumptions :
    1. The person some people are currently accusing is guilty (even though under law people are supposed to assume innocence until proven guilty in a legal court of law)

    2. A local politician rang the barracks asking a senior guard to go easy on a suspect who was a close family member of the missing girl.

    3. The senior guard acted on this, and instructed his subordinates to go easy on the girl's relative.

    4. Aside from all the above the Gardai also made some genuine mistakes in undertaking and planing the investigation. (A very safe assumption)

    5. None of the Gardai or authorities are worth working with in any way, it can all be solved and sorted by the public without them, and by making all sorts of accusations about them. the Gardai and authorities are suddenly going to come on board with the campaign and divert all their efforts to it.

    The expectation here seems to be, that due to public pressure, and based on the assumption that the above assumptions and accusations might be true :

    1. The Gardai will arrest the public's preferred suspect
    2. After 40 years of being blamed for it by the public, and successfully resisting the pressure up to now, the public's chosen suspect, will suddenly crack for everyone and confess where Mary is buried
    3. The politician and his party will crack and admit he and his party got the Guards to cover it all up
    4. The Garda Síochána will formally admit the dead senior Guard and a political party helped cover it all up
    5. The Garda Síochána will formally admit all their other mistakes in the investigation and start the investigation from scratch and secure a solid conviction.

    Honestly, how realistic do people here think the above is ?


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    Let's suppose, all these assumptions and accusations throughout the thread (and you know what they say about assumptions) might be correct.

    Assumptions :
    1. The person some people are currently accusing is guilty (even though under law people are supposed to assume innocence until proven guilty in a legal court of law)

    2. A local politician rang the barracks asking a senior guard to go easy on a suspect who was a close family member of the missing girl.

    3. The senior guard acted on this, and instructed his subordinates to go easy on the girl's relative.

    4. Aside from all the above the Gardai also made some genuine mistakes in undertaking and planing the investigation. (A very safe assumption)

    5. None of the Gardai or authorities are worth working with in any way, it can all be solved and sorted by the public without them, and by making all sorts of accusations about them. the Gardai and authorities are suddenly going to come on board with the campaign and divert all their efforts to it.

    The expectation here seems to be, that due to public pressure, and based on the assumption that the above assumptions and accusations might be true :

    1. The Gardai will arrest the public's preferred suspect
    2. After 40 years of being blamed for it by the public, and successfully resisting the pressure up to now, the public's chosen suspect, will suddenly crack for everyone and confess where Mary is buried
    3. The politician and his party will crack and admit he and his party got the Guards to cover it all up
    4. The Garda Síochána will formally admit the dead senior Guard and a political party helped cover it all up
    5. The Garda Síochána will formally admit all their other mistakes in the investigation and start the investigation from scratch and secure a solid conviction.

    Honestly, how realistic do people here think the above is ?

    In the absence of a public enquiry into the handling of the investigation you'd be right.

    It hardly needs a public enquiry to make, and be confident of making the assumptions about the handling of the case that you've mentioned.

    But, who's fooling who here?

    No one is fooled by a reluctance of "the authorities" to have yet another enquiry into allegations of the failings of the national police force, which will either be received by the public as a whiitewash or another report on someone's desk gathering dust.

    For the innocent and painfully naive amongst us, this case and any connected enquiry has the potential to offer the Gardai as a force under pressure, an opportunity of profound navel gazing, atonement and rebirth.


  • Registered Users, Registered Users 2 Posts: 11 Tannerite



    1. The Gardai will arrest the public's preferred suspect
    2. After 40 years of being blamed for it by the public, and successfully resisting the pressure up to now, the public's chosen suspect, will suddenly crack for everyone and confess where Mary is buried

    Most people would settle for number 1
    If number 2 occurred due to number 1 then great

    Lets not forget the garda wanted to question the suspect a name was not just pulled out of a hat the garda must have had reasons


  • Banned (with Prison Access) Posts: 677 ✭✭✭Giacomo McGubbin


    In the absence of a public enquiry into the handling of the investigation you'd be right.

    It hardly needs a public enquiry to make, and be confident of making the assumptions about the handling of the case that you've mentioned.

    But, who's fooling who here?

    No one is fooled by a reluctance of "the authorities" to have yet another enquiry into allegations of the failings of the national police force, which will either be received by the public as a whiitewash or another report on someone's desk gathering dust.

    For the innocent and painfully naive amongst us, this case and any connected enquiry has the potential to offer the Gardai as a force under pressure, an opportunity of profound navel gazing, atonement and rebirth.

    Public inquiries to date have always been a farce in Ireland.
    More money for the lads.
    Even if some of the authorities, politicians and Gardai are guilty of only a fraction of what is alleged, I don't think they even care about fooling most people anymore. Why would they have to ? It all continues to work for them anyway. All you have to do in Ireland is continue to deny and you are home and dry. What's even more depressing is all the other political clicks in Ireland, including the independents, would behave in exactly the same way if they were in power and had the connections.


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  • Banned (with Prison Access) Posts: 677 ✭✭✭Giacomo McGubbin


    Tannerite wrote: »
    Most people would settle for number 1
    If number 2 occurred due to number 1 then great

    But without any evidence, what will no. 1 achieve, other than the suspect just having to pick a spot on the wall, remain silent, and stare at it till the interview is over.


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