Two soldiers accused of being intoxicated and insubordinate while serving overseas have brought a High Court challenge aimed at stopping their court martials.
Corporals Kevin Delaney and Cathal O’Reilly, stationed at Cathal Brugha Barracks, Dublin, claim they acted out of character while serving with the Kosovo force in Pristina, Kosovo, after, they claim, their drinks were spiked.
Their counsel, Martin Giblin SC, said both had a memory blackout after they were each given a complimentary drink at a bar operated by US armed forces on February 6th, 2010.
Red substance
Both claim a drink containing a red substance was given to them at "The American Bar" under the control of US armed forces at KFor's main headquarters.
After consuming the drink, both claimed they had a memory blank. They are now facing charges including intoxication while on active service, using insulting language and threatening violence to superior officers. After the alleged incident, they were subject to disciplinary sanctions and essentially confined to barracks, Mr Giblin said.
The Military Police was asked but refused to investigate the corporals’ complaints about the drinks, counsel said. That refusal, he argued, amounted to a denial of fair procedures and a denial of their rights under Military Law.
A delay in the appointment of a military judge delayed the court martial, breaching the right under military law to a speedy trial, he added.
Fair procedures
In separate judicial review proceedings against the Director of Military Prosecutions, the Minister for Defence, Ireland and the Attorney General, the corporals want High Court orders prohibiting their court martials. They also want declarations the alleged refusal of the Military Police to investigate their claims breached fair procedures and natural justice.
Leave to bring the challenges was granted, on an ex-parte basis (one side only represented) by Mr Justice Michael Peart, who also granted a stay on the court martials pending the outcome of the proceedings.