Dean Kane’s discharge sentence upheld after loaded rifle incident

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal found no error in the decision to discharge Private Dean Kane from the Defence Forces after a loaded rifle incident at Portlaoise Prison. The proceedings were reported on 8 June 2018.

Kane had pleaded guilty at a summary court martial in McKee Barracks to three counts of negligent performance of duty and one count of conduct prejudicial to good order. The charges concerned loading a Steyr rifle with a magazine containing 30 rounds, cocking it and chambering a round, pointing it in the vicinity of another private, and making a false statement to a corporal. A military judge sentenced him to discharge in March 2018.

On 15 October 2016, Kane was on duty at Portlaoise Prison when he was issued with the rifle and ammunition. Mr Justice John Hedigan said Kane and another private were joking in their bedroom when Kane loaded and cocked the rifle and pointed it in the vicinity of his fellow soldier. That private said Kane was not angry or volatile and that he did not feel threatened.

The report said Kane immediately showed remorse, saying it was a stupid thing to do. He thought they were having a laugh until he realised the seriousness of the situation. He initially told a corporal there was no magazine in the rifle, but later confirmed what had happened, acknowledged his mistake and apologised.

Kane appealed against the severity of his punishment on 8 June 2018. Giving judgment for the Court of Appeal, sitting as the Court of (Military) Appeal, Mr Justice Hedigan said the military judge had regarded the offences as highly serious because they breached basic weapons training and safety procedures. The appeal court found no error in principle and could not intervene.