The former minister for defence, Mr Sean Barrett, will be called as a witness in a court-martial arising out of an incident in Lebanon last St Patrick's Day.
Cmdt Tony Byrne (54) is accused of disobeying the lawful command of a superior officer, contrary to Section 131 of the Defence Act 1954/1993, on March 17th, 1997, in Tibnin, Lebanon. The 80th Battalion, of which he was assistant logistics officer, was coming to the end of its tour of duty at that time. Cmdt Byrne is pleading not guilty.
The battalion commanding officer, Lieut Col Patrick O'Sullivan, gave evidence to the court-martial yesterday that Cmdt Byrne attended a function in the Setanta Club in Tibnin during a visit from the minister for defence and other dignitaries, after he had been specifically ordered not to.
Following a number of engagements on St Patrick's Day the minister, his wife, the Chief-ofStaff and the Secretary of the Department of Defence attended a barbecue in the officers' mess.
They were due to follow this with a visit to the Setanta Club to meet NCOs and privates.
He said Cmdt Byrne was sitting at a table with him and the ministerial party. "He carried on a long conversation, a monologue really, directed towards Mrs Barrett through that meal," he said.
"It was a fawning monologue about how good the battalion was, how good Lieut Col O'Sullivan was etc. I found it fawning and embarrassing.
"I formed the opinion that Cmdt Byrne had an amount of drink taken which informed the content of his conversation."
The time came to go to the Setanta Club, and he decided Cmdt Byrne should not accompany the party.
"I could see that Cmdt Byrne had attached himself to the visiting party and I decided he should not go," he said. "I conveyed this order to Cmdt Fitzsimons to pass on to Cmdt Byrne."
The party left to walk the 200 yards to the Setanta Club.
Some time later he was "confronted" by Cmdt Byrne in the club, he said. "He demanded to know if I had given the order to Cmdt Fitzsimons that he was not to go to the Setanta Club for the ministerial visit. I said I did. He paused and said `I am very strong'. I took that to be a threat,"
Asked if he was lawfully entitled to give such an order he said he was. "I gave the order so that good order and discipline would prevail in the club."
Mr Neal McDonald BL, for Cmdt Byrne, asked him if he had received any complaints from Mrs Barrett about how boring Cmdt Byrne had been that day. "No," he replied. "From anyone?" he asked. "No."
Cmdt Conor Fitzsimons told the court that during the Mass which preceded the barbecue he saw Cmdt Byrne come in late and formed the opinion he had drink taken. "He was unsure-footed, redder in the face than usual and had a fixed look."
At about 9.40 p.m. he told Lieut Col O'Sullivan that the party was running late for the Setanta Club, and he prepared to go. "I asked him would Cmdt Byrne be accompanying him and he said under no circumstances was Cmdt Byrne to go, and if he attempted to go I was to inform him so."
When Cmdt Byrne attempted to follow the party through the door he said he stopped him and told him specifically he was not to go.
"He told me the minister's wife, Mrs Barrett, had invited him."
Cmdt Fitzsimons said that after about 20 minutes Cmdt Byrne approached him again in the officers' mess and raised the matter again, and again was told he had been ordered not to go. Again he said he had been invited by Mrs Barrett.
"He asked me if the CO had really said he was not to go down and I said `Yes'. At that stage he apologised to me. He said the CO was jealous of him because he played golf with the minister and with the secretary of the Department.
"After about 20 minutes he approached me again and said the sergeant major had invited him. He said I was out of my class."
A little later he noticed Cmdt Byrne had left, and some time after 10 p.m. he saw Capt Kenny, who had been with the ministerial party in the mess. He asked him if he had seen Cmdt Byrne in the Setanta Club. Capt Kenny said he had.
Cmdt Donagh O'Keeffe also gave evidence of telling Cmdt Byrne that he had been ordered not to go to the Setanta Club.