A former Army private who says he was shocked and shaken when a gun was fired near him is seeking damages in the High Court.
The man, who says he also suffered when he saw three people lying on the ground during a military exercise, because he thought he was looking at three corpses, claims he has post-traumatic stress disorder.
The case taken by Mr David McHugh (36) is believed to be the first Army case of its kind before the courts. It is understood that similar claims may have been settled without coming to trial.
The court was told yesterday that in November 1992, when Mr McHugh (36), of Bargy Road, East Wall, Dublin, was stationed in Lebanon, a sergeant was explaining and demonstrating the clearing of weapons to other soldiers.
According to Mr McHugh, he was standing about five feet from the sergeant when he discharged a live round of ammunition from a gun. Mr McHugh claims the bullet nearly struck him. It is pleaded that the sergeant was unaware of the live round in the weapon.
The court was told that Mr McHugh was severely shocked and shaken but was not referred for any psychiatric or other treatment following the incident.
In his claim against the Minister for Defence and the State, Mr McHugh says there had been a failure to note his deteriorating psychiatric condition afterwards.
Mr McHugh returned home on Christmas leave after the incident but then returned to Lebanon. While there he was placed in life-threatening situations for which he was unsuited. He was involved in a number of particularly stressful situations during January and February, 1993, and might have been able to cope with them but for the episode in November, 1992, when the gun was fired, it is claimed.
In January 1993, he arrived on the scene of what appeared to be an explosion involving a vehicle and observed three bodies lying beside it. He was severely shocked at the sight of the bodies. Twenty minutes later he discovered the incident was only an exercise and nobody had been hurt.
Mr McHugh submitted that in an another incident he was part of a search team retrieving a badly injured body and was severely shocked and distressed. In another incident, he was detailed to retrieve two bodies.
On his return to Ireland in April, 1993, he was generally under stress. His symptoms became worse and in December, 1993, he applied to be discharged from the Army as he could no longer cope with life there. He had medical treatment and experienced frustration, flashbacks relating to the incidents, nightmares and loss of memory.
The defence denies the claim and pleads that if he did suffer the alleged injuries, he himself was guilty of negligence.
The hearing, before Mr Justice Budd, continues.