Comdt Tony Byrne was found guilty yesterday at a court martial of disobeying an order during a social function in Lebanon last St Patrick's Day.
He lost three months' seniority and was fined £50 by the five-officer court for attending the Setanta Club in Tibnin after his commanding officer ordered him not to do so.
During the two previous days of the court martial, the court heard Lieut Col Patrick O'Sullivan describe the events leading up to his order to Comdt Byrne not to go to the Setanta Club during the visit of the then minister for defence, Mr Sean Barrett. He had issued the order in the interests of good order and discipline, he said, because he thought the commandant was "on the way to being drunk".
He told Comdt Conor Fitzsimons to pass it on. The court heard Comdt Fitzsimons say he had told Comdt Byrne not to go to the Setanta Club.
In his evidence the accused man said it had never been specified to him that this was an order. When he did visit the club it was much later, when he expected the ministerial party to have gone.
After the verdict and before sentencing character evidence was called on behalf of the accused man. Comdt John Hamill, who was his immediate superior in Lebanon, described Comdt Byrne as "a most conscientious officer, a positive asset to the battalion". He said he mixed freely with all ranks and was on very friendly terms with most people in the battalion. "Not with all. That was not his fault. There were other agendas at work," he said.
Col Desmond Travers also gave character evidence on his behalf, and said when he was officer commanding the Third Battalion he found Comdt Byrne fulfilled his duties in an excellent manner.
Yesterday's hearing opened with counsel for the defence, Mr Neal McDonald, summing up the case for the defence. He said there had been a number of inconsistencies in timing, and the only corroboration of Comdt Fitzsimons's evidence came from Comdt O'Keeffe. This was not reliable, he said.
Lieut Col Michael Sheehan, prosecuting, said this had come to court martial because obedience to orders was the cornerstone of discipline.
The judge advocate, Lieut Col William Knott, advised on the law and summed up the evidence for the five-officer court.
He said the general principles under which the court martial operated were that the onus rested on the prosecution to prove its case. The accused man was presumed innocent.
The prosecution had to prove its case beyond reasonable doubt.
They had to consider four essential proofs. The first was whether Lieut Col O'Sullivan had issued an order that the accused man was not to go to the Setanta Club. The second was whether he was a superior officer. The third was whether the accused man had been informed of this by Comdt Fitzsimons, and the fourth was that he had disobeyed this order.
The prosecution had to prove that such disobedience, if it occurred, was wilful and deliberate, and not due to forgetfulness.