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Serving soldier investigated on suspicion of using leave to train troops in Libya last year

Soldier interviewed by Defence Forces police but evidence insufficient to bring charges under military law

Libya

At least one currently serving member of the Defence Forces was investigated last year on suspicion of taking leave to train troops in Libya in apparent breach of military law and UN sanctions.

As detailed in an investigation by The Irish Times on Wednesday, the Offaly-based company Irish Training Solutions, established by former Army Ranger Wing members, recruited members of the Defence Forces to travel to Libya last year to train a special forces unit linked to rogue general Khalifa Haftar.

In most cases, those recruited were either former Defence Forces members or had left the Defence Forces by the time they travelled to Libya, meaning they were no longer subject to military law.

However, at least one serving soldier was suspected of making the trip. The soldier allegedly used parental leave built up to take a six-month leave of absence from the Defence Forces which he used to work in Libya.

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On his return, he resumed his position in the Defence Forces. He was subsequently interviewed by Military Police after senior officers became aware Irish Training Solutions were recruiting from the ranks of the military.

However, it was determined there was insufficient evidence to bring charges under military law.

In another case, a Defence Forces member went to work for Irish Training Solutions while still subject to military law. The soldier had lodged papers to resign from the military and was using up the last of his leave when he travelled to Libya.

This leave period has since elapsed meaning he is no longer subject to military law and is unlikely to face charges.

Under a military regulation issued several years ago – and reissued last year in response to the matter – Defence Forces personnel are forbidden from using their military skills for private gain.

The regulation is drafted in a purposely broad fashion in order to prevent serving members undertaking work with private military contractors, sources said.

The Defence Forces said it was continuing to work with gardaí to determine the extent of such activity. However, it is understood no prosecutions under military law are expected in the short term.

“The Defence Forces have actively engaged with An Garda Síochána since we uncovered these alleged activities,” said a Defence Forces spokesman in reply to queries.

“These engagements are continuing however, the Defence Forces cannot comment on its internal security provisions or procedures for reasons of operational security.

“The process of internal security is a continuous, constant, and integral function of the Defence Forces.”

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A military source said the focus was now on preventing private military contractors from recruiting serving troops in the future, particularly for jobs which could cause embarrassment to the military or the State.

Tánaiste Micheál Martin yesterday called the training “deeply shocking” and said it causes “reputational damage to Ireland and our Defence Forces”.

The Department of Enterprise Trade and Employment said it had opened an investigation as the relevant body which deals with possible breaches of international sanctions.

On Wednesday evening, the department said it has examined the allegations and had decided to refer them to An Garda Síochána.

Since the beginning of the first Libyan civil war in 2011, the country has been subject to extensive UN and EU sanctions, including an arms embargo covering the provision of military training, designed to prevent a violent breakdown in a country torn between rival factions backed by different international powers.

The enforcement of the embargo is a matter for individual UN member states.

A spokesman for Mr Martin said the Tánaiste has also spoken to Defence Forces Chief of Staff Lieut Gen Seán Clancy to outline “his deep concern at the matters alleged in this report, which need to be examined further”.

Conor Gallagher

Conor Gallagher

Conor Gallagher is Crime and Security Correspondent of The Irish Times