 The Gardaí nevertheless insisted that Hayes had become pregnant simultaneously by two different men (through heteropaternal superfecundation) and had given birth to both children, killing the one found on the beach.Another theory put forward was that the baby's blood type had changed due to decomposition.Hayes was charged with murder but the charge was thrown out by a judge, and the Kerry Babies Tribunal, headed by Mr Justice Kevin Lynch, was set up to investigate the behaviour of the Gardaí in the case.