The High Court has refused a Defence Forces corporal’s application for judicial review of his repatriation from the Irish contingent serving with the Kosovo Force (KFOR).
In a judgment delivered on 2 March 2007, Mr Justice de Valera found that the procedures followed by the corporal’s superiors afforded him the relevant principles of natural and constitutional justice. The court also found that his return to Ireland was an administrative decision, not an additional punishment.
The corporal had been granted leave in December 2004 to seek declarations concerning his membership of C Company, 29th Infantry Group Kosovo, and the legality of his repatriation. He also sought to have the repatriation decision quashed.
The judgment recounts that he faced four charges after a complaint that he had consumed alcohol in his billet. He was convicted of consuming alcohol in the billet contrary to unit standing orders and refusing a superior officer’s lawful command to give his army number. Two other charges, including being drunk and causing a disturbance, were dismissed. The punishment imposed was a reprimand.
The judge accepted the commanding officer’s evidence about the mission’s difficulties and dangers, and the need for officers to have trust and confidence in soldiers carrying out their duties. He said military disciplinary procedures could be subject to judicial review in appropriate circumstances, but concluded that the procedures in this case observed the relevant rules and regulations.
The court further held that Article 6 of the European Convention on Human Rights did not apply. It said the proceedings were disciplinary rather than criminal, and that the concept of civil rights and obligations did not apply to military personnel in these circumstances.
The judgment noted that the corporal was serving with the 4th Field Artillery Regiment at Mullingar and was entitled to apply for, and be recommended for, United Nations service in Liberia or other overseas service. The court refused the judicial review application.