A senior judge has recommended the “rehabilitation” and immediate promotion of an “exceptional” Defence Forces officer who was prosecuted for allegedly stealing ammunition and military equipment.
Mr Justice Alan Mahon, who is the Defence Forces Ombudsman and a retired judge of the Appeal Court, said that the officer should be promoted after military justice authorities were forced to drop the various charges five months ago.
In an investigation report filed this month, the ombudsman noted submissions from the officer’s lawyers had been “highly critical” of the military justice process. He said these submissions make for “disturbing reading”.
The ombudsman noted the officer’s career path had been unusual and “quite remarkable” -he enlisted as a private soldier in the late 1980s and rose through the ranks before being commissioned as an officer over 20 years ago.
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The officer, who cannot be identified due to strict reporting restrictions imposed by the judge in his court martial, submitted to the ombudsman that he was discriminated against as an officer who came from the enlisted ranks.
He said he experienced “direct and indirect resentment and discrimination” due to his career path and he has faced “excessive, unlawful, immoral and unprofessional” treatment.
In 2022, the officer was accused of nine offences, including stealing military equipment and ammunition. These charges were later withdrawn and replaced with another 12 charges. This new charge sheet was also withdrawn and replaced with another sheet containing 12 counts.
The court martial began in July 2024 before military judge Col Michael Campion. The officer denied all charges.
According to the man’s legal team, the prosecution “had difficulty” in proceeding with any of the charges. Some were struck out and others “were the subject of wholesale amendments to the point of realisation that the trial was about to collapse”.
The officer’s legal team said in order to bring a timely end to “this fabricated debacle”, he agreed to plead guilty to a single summary charge of omitting to record two historic items of military that which had been in the military stores for 30 years.
Col Campion imposed a reprimand and fined him three days pay. The ombudsman noted this was the lowest possible punishment on the scale and that the offence stood in “stark contrast” to the original charges.
At the time the military judge described it as a “disciplinary matter” rather than a criminal charge.
In his report, Mr Justice Mahon noted the officer satisfied all conditions for appointment to a senior rank in 2022 when he first applied for promotion. His conduct was recorded as “exemplary”, he had finished eighth in the promotion competition and had passed the medical and fitness exams.
However, at the time, Defence Forces Chief of Staff Lieut Gen Seán Clancy declined to recommend his promotion to the Minister for Defence due to the outstanding charges. Now that all charges have been effectively dropped, the officer should be promoted as soon as possible, Mr Justice Mahon said.
That promotion should also be backdated to 2022, which would give the officer a better chance of reaching the senior commissioned ranks before his mandatory retirement, he said.
It would be an “injustice” the delay his promotion for any longer, the ombudsman added.
Mr Justice Mahon said the two-year process has caused the officer “enormous stress and occasional ill health”.
He said “in the circumstance where these serious charges have been dropped it is just and proper that his Defence Forces career now be fully rehabilitated.”
The ombudsman’s recommendations are non-binding, but they are typically accepted by the military authorities.
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