THE COURT Martial Appeal Court has ordered a stay on the dismissal of an Air Corps officer from the Defence Forces, pending the outcome of an appeal against his conviction for calling his commanding officer “a little prick”.
Last month, Comdt Niall Donohoe (47), became the first Defence Forces officer to be dismissed in more than 20 years when he was handed down the sentence as punishment for using abusive language to a superior.
His conviction arose out of an incident during Comdt Donohoe’s annual appraisal at Casement Aerodrome in Dublin on January 30th, 2009. Yesterday, the Court Martial Appeal Court of Ms Justice Fidelma Macken presiding, sitting with Mr Justice Declan Budd and Mr Justice Daniel O’Keefe, held there were “adequate grounds” put forward by lawyers representing Comdt Donohoe, allowing it grant the order.
The Director of Military Prosecutions (DMP) opposed the application. Eileen Barrington, for the DMP, said there would be “consequences”, including a “principle concern of discipline”.
Lawyers for the DMP also argued a ruling in Comdt Donohoe’s favour would see him remain on “full pay”, and that this could cause “logistical difficulties” in the event his appeal fails.
Comdt Donohoe has claimed his comments to Lieut Col Gerry O’Sullivan were misheard. The court said legal submissions in the case should be lodged by July 8th.