Courts / Dublin / Report

Soldier discharged after pointing loaded rifle at fellow private while "messing"

Summary

In a Court of Appeal hearing on 8 June 2018, Private Dean Kane, aged 24 and a year into service with the 27th Infantry Battalion, was discharged from the Defence Forces for pointing a cocked and loaded Steyr automatic rifle at a fellow private while joking in his barracks. Kane had previously pleaded guilty in a summary Court Martial to three counts of negligent performance of duty and one count of conduct prejudiced to good order. He had loaded the rifle with a 30‑round magazine, cocked it, and pointed it near another soldier, then lied to a Corporal about the magazine. The military judge's sentence was upheld by a three‑judge Court of Appeal, which found no error in the judge's approach. Kane's conduct was deemed a serious breach of weapon safety protocols, and he was discharged by order of the military judge in March 2018. The appeal was dismissed, confirming the discharge and the seriousness of the offence.

Who, what, where, when and why

What: Report matter: Soldier discharged after pointing loaded rifle at fellow private while "messing". Charges or matters: three counts of negligent performance of duty and one count of committing conduct prejudiced to good order at the military compound in Portlaoise Prison, where he had been stationed, in October 2016. Procedural stage: appeal

When:

• October 2016 Hearing Or Sentence
• March 2018 Hearing Or Sentence
• August 2015 Hearing Or Sentence
• October 15, 2016 Hearing Or Sentence
• 2018-06-08 Publication

Why: The military judge had said the offences were at the higher end of the scale of seriousness because they involved conduct which flew in the face of basic training and safety procedures in relation to the loading and cocking of weapons. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Related court reports

• Man charged with having 56k child abuse images and videos remanded on bail
• Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
• Mater must pay €10k to worker who said he was wrongly accused of abusing patient
• 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
• Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
• 77-year-old with 470 convictions told Luas staff to 'f**k off'

Read the original CNI report