Courts / Ireland / Report
Army man's sanction for going to Doctor quashed
Summary
In a High Court hearing on 16 May 2014, Corporal Mark Beatty's sanction for attending a medical appointment was quashed. Beatty, stationed at Dublin's Cathal Brugha Barracks, had been charged with absent without leave and insubordination after returning from a medical centre that he claimed had been sanctioned by his commanding officer. He was incarcerated in the guard room for four hours without charge or judicial review. The following day his commanding officer investigated and fined him €300. Beatty argued that the incarceration breached natural justice and that no authority could sanction him. He brought proceedings against the Minister for Defence, the Attorney General, the Director of Military Prosecutions and the Officer Commanding 2nd Cavalry Squadron, with the Human Rights Commission as a notice party. The High Court, after hearing the case, found that the matter had been settled and that Beatty's conviction was to be quashed, though settlement terms remain confidential.
Who, what, where, when and why
What: Report matter: Army man's sanction for going to Doctor quashed. Charges or matters: absent without leave; insubordination. Procedural stage: sentence
When:
- December 2012 Incident
- August 2013 Incident
- 2014-05-16 Publication
Case subjects
Applicant
Charges: absent without leave; insubordination (Alleged Or Contested)
Outcome: At a subsequent hearing his commanding officer found the charges against him were proven and fined him €300. the court heard that it was agreed that Corporal's conviction is to be quashed.
Places mentioned
- High Court
Topics
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