Dáil debates

Wednesday, 24 May 2006

 

Retirement of Army Officer.

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

A young 24 year old lieutenant in the Army was "retired" in the interests of the service, as it was put, in 1969 and his life and Army career lay in ruins. Neither he nor his family ever fully recovered from the traumatic experience. Nevertheless, he has never ceased to protest his innocence.

Donal de Róiste is the brother of Adi Roche, the director of the Chernobyl Children's Fund and Labour Party presidential candidate in 1997. Indeed, the linking of Donal de Róiste's "retirement" from the Army and the circumstance surrounding it effectively scuppered any chance of election for Adi Roche.

Mr. Mullan's book makes it clear that there were serious flaws in the investigation of the de Róiste affair. Due process was not adhered to. Legal advice was not made available to him and he was never charged with any offence. His accuser was never revealed and, most importantly, the recommendation to "retire" Mr. de Róiste was made while the investigation, inadequate as it was, was still ongoing. Indeed, Mr. Mullan argues that senior officers at the highest level in the Army may have fabricated evidence to secure the expulsion of Donal de Róiste from the Army.

There are files relevant to the case in the Taoiseach's Department and in Áras an Uachtaráin, none of which has been released. Almost certainly there are still files in the military archives which have not seen the light of day. For example, a letter sent by Donal de Róiste, through his solicitor to the Army Chief of Staff in 1969, was only discovered in a safe in the office of the Secretary General of the Department of Defence in 2001. There may indeed be documents in the Department of Justice, Equality and Law Reform.

This case is a miscarriage of justice. It behoves the Minister for Defence to ensure that no stone is left unturned to right the wrong. I ask the Minister to meet Donal de Róiste and to conduct an independent, transparent review of the case. The Commissions of Investigation Act 2004 would be an appropriate mechanism under which to conduct this review.

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