Private Seán Rooney: Lebanese military court adjourns first hearing into fatal attack

A military court in Beirut adjourned a preliminary hearing on Friday concerning charges against five Lebanese men alleged to have been involved in a lethal gun attack last December on a convoy of Irish soldiers serving with the UN peacekeeping force in south Lebanon.

The military court judge put back proceedings until August 30th, as the locations of four of the five accused are not currently known. Under the court’s procedural rules, the individuals have not been properly notified of the charges. The four accused at large have been named as Hussein Salman, Ali Salman, Mustafa Salman and Ali Khalifeh.

Mohammad Ayyad is the sole defendant in custody after he was handed over to the Lebanese military in December by Hizbullah, the Shia militant and political organisation which dominates South Lebanon.

Pte Seán Rooney, from Dundalk, Co Louth, was killed and his colleague Tpr Shane Kearney, from Killeagh, Co Cork, was seriously injured during last December’s shooting in the Lebanese town of Al Aqbiyeh.

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Among the allegations set out in the case file compiled by the military court’s investigative judge, Fadi Sawwan, are that the accused are members of Hizbullah or its political Shia ally Amal. In a statement last month, Hizbullah media official Mohammad Afif denied that the five Lebanese men were members.

The military court hearing on Friday was attended by Ireland’s ambassador to Egypt Nuala O’Brien. The Irish embassy in Egypt is responsible for relations with Lebanon. A legal observer from the United Nations Interim Force in Lebanon was also was present.

In addition, the Irish Government was represented at the proceedings by three lawyers from Karam Law Firm. The legal firm has previously acted for foreign embassies and international clients in Lebanon and is headed by Lebanese lawyer Joe Karam.

A spokesperson for the Department of Defence said the Lebanese firm was present to represent “the interests and concerns of the Irish Government” at the hearing and will attend future court hearings in Beirut.

[ ‘He is a national hero and I’m proud of him’: Pte Seán Rooney’s mother delivers funeral tribute ]

A representative of the Beirut Bar Council said that in circumstances where the location of an accused is not known to the Lebanese authorities, a notice detailing the charges against them is fixed to their last known address for a period. This procedure had not yet been completed by the military court. The representative said they expected the criminal trial to commence in September.

The results of parallel investigations into the attack on the Irish peacekeepers by the UN and An Garda Síochána have not yet been released.

In a statement in the Dáil last month regarding the attack, Tánaiste and Minister for Defence Micheál Martin said the report on Unifil’s internal investigation was completed in February, and in accordance with UN procedures, a board of inquiry was convened. Mr Martin told the Dáil that “while this [UN] board has now completed its work, a finalised report has not as yet been provided to the Irish authorities.”

“The criminal investigation by the Lebanese authorities takes primacy at this time and is consistent with the obligations of the State of Lebanon under the status of forces agreement with the UN,” said Mr Martin.

“Given that this matter is before the Lebanese judicial system, it would not be appropriate to comment further at this time other than to say my department will continue to monitor developments very closely indeed.”