Courts / Limerick / Report
Trainee soldiers challenge graduation refusal over alleged assault
Summary
Three serving members of the 12 Infantry Battalion, 1st Brigade of the Permanent Defence Forces, stationed at Sarsfield Barracks in Limerick, have initiated High Court proceedings challenging a decision to prevent them from graduating to the next stage of their training. The applicants, represented by SC Gerard Humphreys SC and Tim Dixon BL, instructed by solicitor Owen Swaine, deny allegations of assaulting and intimidating a fellow recruit in July. They claim that despite being informed they had successfully completed recruit training, they were barred from passing out on August 25 following a complaint reported to the Military Police on September 15. Counsel stated that no disciplinary charges have been brought, yet the men remain confined to barracks in a state of limbo without having been formally heard. The applicants seek a judicial review against the Minister for Defence, Ireland, and the Attorney General, requesting an order quashing the decision to block their graduation pending the Military Police investigation. They also seek declarations that their suspension constitutes a disproportionate penalty breaching their rights to a fair hearing, as well as violations of their Constitutional and European Convention on Human Rights rights. The matter came before Mr Justice Charles Meenan on Monday. On an ex-parte basis, the judge directed that the application be heard in the presence of lawyers for the respondents. Citing the urgency of the matter, the judge adjourned the case to a date next week.
Who, what, where, when and why
What: Report matter: Trainee soldiers challenge graduation refusal over alleged assault. Procedural stage: hearing_or_decision
When:
- August 25th Incident
- September 15th Incident
- 2021-11-01 Publication
Case subjects
Applicant
Applicant
Applicant
Applicant
Places mentioned
- High Court
Topics
Stage Hearing Or Decision Violent Crime
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