Courts / Cork / Report
Army Colonel's action over report into alleged corruption is resolved
Summary
A High Court judicial review brought by Defence Forces Head of Legal Services Colonel Jerry Lane against the Minister for Defence, Ireland, and the Attorney General has been resolved. The case, heard before Mr Justice Michael Twomey, concerned the State's refusal to provide Col Lane with an independent report into his allegations of corruption and misconduct within the military. Col Lane, from Bandon, Co Cork, alleged that preferential treatment was afforded to another officer and that he faced penalties, including threats of dismissal, after making a protected disclosure to Seanad Éireann in 2011. In 2016, the Minister appointed Colm Smyth SC to conduct an independent review, but the Department of Defence decided not to rely on or publish the resulting report, instead commissioning a fresh review by Frank Callanan SC. Col Lane sought an order quashing the refusal to provide the Smyth report, arguing it breached his constitutional rights and fair procedures, and claimed damages. The State parties, represented by Margaret Nerney SC and Ronan Kennedy BL, denied any wrongdoing and argued Col Lane was not entitled to the reliefs sought. Following discussions, Col Lane's counsel, Roughan Banim SC, informed the court that the case had been settled. Col Lane is no longer seeking the independent report, and the proceedings were withdrawn, with the case potentially struck out.
Who, what, where, when and why
What: Report matter: Army Colonel's action over report into alleged corruption is resolved. Procedural stage: hearing_or_decision
When:
- 2019-03-13 Publication
Why: In his action, Col Lane sought to have sight of the first report because he said any findings or conclusions in that document could affect his reputation. CNI source report
Case subjects
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