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The trial of a senior non-commissioned officer in the Defence Forces, accused of threatening to kill a colleague at an army barracks in Donegal five years ago, has been halted at a military court after the soldier changed his plea to a number of charges.
Company Sergeant Uel Fisher was re-arraigned before a court martial at McKee Barracks in Dublin, where he pleaded guilty to three charges of the lesser offence of conduct prejudicial to good order and discipline contrary to Section 168 of the Defence Act.
Company Sgt Fisher had originally pleaded not guilty to five offences, including a threat to kill.
The 54-year-old married father of three, who has served in the Defence Forces for 37 years, was accused of threatening to kill Corporal Owen McLoughlin during a social function in the NCOs mess at Finner Camp, Ballyshannon, Co Donegal, between November 14th and November 15th, 2017, using the words: “I will kill you. I will get my gun and I will f*****g shoot you”.
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On the second day of the trial, Company Sgt Fisher, who is attached to the 28th Infantry Battalion based at Finner Camp, admitted using the words as a breach of Section 168 of the Defence Act.
He also pleaded guilty to throwing glasses in the NCOs mess and stating to Cpl McLoughlin: “I knew your father. He was a gentleman but you are a little p***k.”
The Director of Military Prosecutions agreed to drop the charge of threatening to kill and another one of drunkenness as a result of Company Sgt Fisher’s pleas to the alternative charges that he had faced.
The trial had heard evidence that the alleged offences were committed towards the end of what witnesses had described as a “mass brawl” and “complete fracas” during a Christmas party in the barracks.
The military judge, Colonel Michael Campion, was informed that one soldier suffered a bleeding mouth after being punched in the face by three other NCOs, while a picture of President Michael D Higgins - the supreme commander of the Defence Forces - was smashed during events which left the mess looking “ransacked.”
In evidence, Cpl McLoughlin said the accused alluded to his father, Corporal Dermot McLoughlin, who was killed by Israeli gunfire while on UN peacekeeping duties in Lebanon in 1987.
He said Company Sgt Fisher ran towards him, saying he was “going to f*****g kill me” after he challenged the NCO about how well he had known his father.
Following the accused’s guilty pleas, solicitor for the DMP, Lieutenant Colonel Shane Keogh, said Cpl McLoughlin had been contacted and was “adamant” that he did not wish to engage in a reconciliation programme that had been suggested by the judge.
Lt Col Keogh said Cpl McLoughlin wished to give a victim impact statement in person to the court before he is due to be discharged from the Defence Forces on medical grounds in early 2023, which he is challenging.
The court martial heard that Company Sgt Fisher had previously been convicted of one other Section 168 offence in 2008 for contravening standing orders for which he received a severe reprimand and was fined €250.
Sergeant Major David O’Reilly, who was called as a character witness for the defendant, described Company Sgt Fisher as “the grandfather of sniping” in the Defence Forces because of his expertise in training in the use of weapons.
He said CS Fisher, whom he had known for 15 years, was “very honest, hard-working and loyal.”
Another character witness, Commandant Myles Kelleher, informed the hearing that Company Sgt Fisher had once helped to prevent fatalities and injuries by his quick reaction after a live grenade was dropped in the vicinity of military personnel.
Col Campion adjourned the hearing until January 11 next to hear the victim impact statement from Cpl McLoughlin.