A brother of the former presidential candidate, Ms Adi Roche, claimed yesterday that he was wrongly dismissed from the Army in 1969 and labelled a terrorist and a subversive.
A psychiatric report on Mr Donal de Roiste (54), of Cabhsa Inismhor, Ballincollig, Co Cork, stated he has suffered from posttraumatic stress following intensive interrogation prior to his dismissal. He had been "retired by the President in the interest of the service."
In the High Court yesterday, Mr Justice McCracken reserved judgment on an application by the State to dismiss proceedings brought by Mr de Roiste against the 1969 decision.
The State claims there has been inordinate delay in bringing the action; that the matters at issue happened over 30 years ago; and that three main witnesses are dead.
These witnesses were the Army chief of staff, Lieut Gen Sean McKeown; the director of Army intelligence, Col Michael Heffernan, and the deputy judge advocate general, Col Arthur Cullen.
At a previous hearing Mr Justice Geoghegan granted Mr de Roiste leave to seek a judicial review of the Army decision.
But the judge also added that the delay in bringing the proceedings could be fully debated when the State was brought into the matter.
Yesterday, Mr Brian McGovern SC, for the State, claimed Mr de Roiste's application was out of time. The court had ordered that this was a preliminary issue to be decided. In an affidavit Mr de Roiste, a former Army lieutenant who is now a school bus driver, claimed his father had prohibited him from returning to the family home since his discharge.
That rejection had upset him greatly and he claimed that, following his arrest, one of his interrogators had suggested to him that he commit suicide.
He believed Army colleagues understood he was retired because of links with subversives or because of subversive activities. He was shunned by the vast body of former colleagues.
He alleged that he was interrogated by relays of Army personnel in 1969, had lost track of time and believed the interrogation went on for 10 days.
He was so frightened that he broke down and might have confessed to stealing hubcaps from an Army vehicle.
No charge was preferred against him.
He had been unable to get work and was forced to emigrate in 1971. Since his return he had secured only part-time employment through FAS schemes.
Comdt Denis Murphy, McKee Barracks, Dublin, in an affidavit said the Army denied Mr De Roiste was interrogated in an oppressive and torturous manner.
The Army was greatly prejudiced and "extremely disadvantaged" by the delay in bringing the proceedings. All the Army officers involved in the decision were either dead or retired.
Mr de Roiste, in a replying affidavit, alleged that the officers who arrested and interrogated him were still alive. He said he commenced legal proceedings when he was strong enough to do so.
Mr de Roiste said that Comdt Murphy had claimed that a report was made on April 21st, 1968 to the director of intelligence which identified him as engaged in activities which potentially constituted a threat to Army security. This was the first time he had known of the existence of such a report.