Courts / Cork / Report

Seaman sues over duty free discipline

Date
2017-07-17

Stage
Hearing Or Decision

Primary locality
Mallow

County
Cork

Summary

Eugene O'Toole, a Leading Sick Berth Attendant in the Irish Naval Service, has filed a High Court claim against the Minister for Defence, the Attorney General and Lt Commander Niall Manning. The suit arises from an incident on 22 September when O'Toole brought a quantity of duty‑free cigarettes aboard the LE James Joyce, which had just rescued 2,500 migrants. O'Toole says he had obtained permission from a superior officer to bring the cigarettes, but the commanding officer demanded they be unloaded within 15 minutes or charges would be brought. Three charges were considered by Lt Commander Manning in April; two were dismissed, but one—concerning conduct prejudicial to good order and discipline under section 168 of the 1954 Defence Act—was found proven, resulting in a reprimand. O'Toole alleges that Manning's prior involvement in the matter deprived him of fair procedures and that his constitutional rights were breached.

Who, what, where, when and why

What: Report matter: Seaman sues over duty free discipline. Procedural stage: hearing_or_decision

When:

September 22nd Incident
2017-07-17 Publication

Why: Mr O'Toole, from Mallow in Co Cork, claims the reprimand he received over the incident following a disciplinary process should be quashed because the sanction was imposed by his commanding officer, who he claims played a role in the investigation of the allegation. CNI source report