AN ARMY lieutenant who, under the influence of alcohol, produced his pistol and accused personnel at a Unifil checkpoint in Lebanon of failing to man the post properly, yesterday lost his High Court challenge to disciplinary decisions.
Lieut Gerard Lee was security officer of the 71st Irish Battalion in Lebanon. In the early hours of June 6th, 1992, he left his quarters to make a security check.
Mr Justice Barron, giving judgment, said Lieut Lee took out his pistol and accused those on duty of failing to man a post properly.
When he reported the matter the following morning, the incident had already been reported by those on duty.
Mr Justice Barron said it was common case Lieut Lee had no authority to carry out the security check and was acting under the influence of alcohol.
He had been relieved of his pistol on June 7th. As a result of an investigation he was found guilty of brandishing a service pistol in a reckless manner and carrying out a security check in an irresponsible manner. He was sentenced to be reprimanded.
The battalion medical officer decided Lieut Lee should be repatriated on medical grounds. The medical officer stated. I consider he is emotionally immature, especially in his dealing with stress. I would recommend that he be repatriated on medical grounds to receive appropriate specialist treatment."
Mr Justice Barron said the court's concern was whether the procedures leading to the decisions were fair.
Lieut Lee sought to quash the convictions and the direction that he should be repatriated. He claimed he was deprived of the chance to defend himself properly by being kept in ignorance of the decision to repatriate him on medical grounds.
Mr Justice Barron said there was no suggestion of any breach of the rules of natural justice in relation to the disciplinary proceedings, nor was it suggested the opinion of the medical officer was not made bona fide.
Mr Justice Barron said he did not consider there was any obligation on any of those in authority to inform Lieut Lee that, if he did not challenge the facts as presented at the disciplinary hearing, he would be repatriated.
He dismissed Lieut Lee's claim. A stay was granted in the event of an appeal to the Supreme Court.