The Supreme Court has rejected Donal de Roiste's challenge to his removal from the Defence Forces in 1969 because he waited almost three decades before bringing proceedings.
Mr de Roiste was a lieutenant in the Signal Corps and was assigned to the Fourth Field Supply and Transport Company at Custume Barracks in Athlone. In April 1969, army intelligence officers questioned him. He was subsequently informed that the President had retired him from the Defence Forces from June 27th, 1969, “in the interests of the service”.
Mr de Roiste claimed he was never given the reasons for the decision or an opportunity to answer allegations against him. He said an impression had been created that he was associated with subversive activity. He emigrated in 1971 and later returned to Ireland.
The State's evidence was different on significant points. An army affidavit said intelligence information had identified Mr de Roiste as potentially posing a security risk and that, during interviews, he admitted knowing and associating with people involved in criminally subversive activities.
The issue came back into public attention during the 1997 presidential election, when his sister Adi Roche was a candidate and newspaper reports referred to his army departure. Mr de Roiste then pursued the matter with the Defence Forces and State authorities before obtaining leave for judicial review in November 1998.
The High Court dismissed the proceedings on the preliminary issue of delay. The Supreme Court upheld that decision.
Chief Justice Keane said a delay of 29 years was plainly inordinate. While accepting that Mr de Roiste had suffered significant trauma, the court found that this did not adequately explain why he took no legal action for so long, particularly as he had consulted a solicitor shortly after his discharge.
The court also found substantial prejudice to the State. Three officers materially involved in the investigation and decision-making process had died.
The ruling therefore leaves the legality and merits of the 1969 retirement unresolved. It decides only that the challenge was brought too late to proceed fairly.