The Supreme Court has refused to allow Donal de Roiste to pursue a judicial review challenge to his 1969 retirement from the Defence Forces because he waited more than 29 years before beginning proceedings.
De Roiste joined the Army as a cadet in October 1963, was commissioned as a second lieutenant in 1965 and promoted to lieutenant in 1967. His service was terminated with effect from June 27, 1969, when he was informed that he had been retired by the President “in the interests of the service”.
He alleged that, before his retirement, he had been arrested in service custody, interrogated at Army Headquarters in Dublin and questioned about attendance at traditional music events and alleged associations with subversive elements. He said he was never charged, given a clear allegation to answer or afforded a court martial despite requesting one.
De Roiste did not seek judicial review until November 1998. He argued that the events had devastated his career and personal life, that he had suffered serious psychological effects and that his circumstances left him unable to pursue legal action earlier. The issue resurfaced publicly during his sister’s 1997 presidential campaign, after which he contacted public authorities and later commenced proceedings.
The High Court dismissed his application on the preliminary issue of delay. The Supreme Court upheld that result.
Fennelly J said judicial review applicants must act promptly and, where the normal time limit has expired, must provide good reasons both explaining and justifying the delay. The court accepted that de Roiste’s underlying complaint could have been arguable if brought in time, but stressed that the merits were not being decided.
The court found that his evidence did not adequately explain why proceedings had not been commenced for almost 30 years. Extremely long unexplained delay could itself justify refusing judicial review, even without proof of prejudice to the State.
The appeal was therefore dismissed, leaving the legality of the original 1969 retirement undetermined.