Corporal loses challenge to demotion over conduct

AN ARMY Ranger Corporal who grabbed the heads of a female soldier and another woman, exposed himself and called the civilian woman a “dog’s bollocks” while socialising in a hotel, has lost his challenge to his demotion.

Cpl Damien McDonagh (27), a medal-winning Army Ranger attached to the Second Infantry Battalion, Cathal Brugha Barracks, Dublin, had appealed to the three-judge Courts-Martial Appeal Court against a military judge’s ruling of June 2009 reducing him to the rank of private.

The appeals court yesterday rejected arguments by Cpl McDonagh the demotion was disproportionate as it would lead to a €6,500 loss in annual salary. The military judge’s decision was “impeccable”, having practically and realistically weighed all relevant factors, it said.

It also endorsed the military judge’s remarks to Cpl McDonagh that he is a young man whose future is “entirely in your own hands”. It was clear, by the time his contract expires, he might have sufficiently rehabilitated himself to regain the trust of his superiors enabling his retention in the Army and possible promotion to his previous rank, it noted.

The demotion arose as a result of incidents at the Best Western Boyne Valley Hotel and Country Club, Drogheda, Co Louth, on St Patrick’s Day, 2007, where he was attending a function to celebrate the passing-out of recruit platoons which he had instructed.

Cpl McDonagh in June 2009 ultimately pleaded guilty to charges arising out of those incidents. He admitted he had assaulted a civilian woman by putting his hands around her head and pulling it towards him.

He also admitted charges of conduct prejudicial to good order and discpline contrary to the Defence Act, including grabbing a female private by her head and pulling it towards him, and exposing himself in front of the women. He admitted he used inappropriate language towards the civilian woman and, at the same venue, becoming involved in an affray with another soldier.

Cpl McDonagh was fined €500 and demoted but appealed only against the demotion to the appeal court of Mr Justice Liam McKechnie, presiding, with Mr Justice Brian McGovern and Ms Justice Maureen Clark.

In its judgment, the appeal court noted Cpl McDonagh told the military judge he had consumed great quantities of alcohol from 2pm that day, was drunk and unable to recall when the function ended. He had unreservedly apologised for conduct he freely acknowledged as unacceptable and described it as entirely out of character. He voluntarily declared he had let himself, his unit and the Defence Forces down, was remorseful and wanted to stay in the Army.

The court noted Cpl McDonagh had enlisted in late 2002, had several military qualifications and was the meritorious recipient of a number of medals. He had served in Liberia and Kosovo and character evidence was given on his behalf by a lieutenant and company sergeant. He had no previous convictions either as a civilian or with regard to his military career.

The court could see no way of achieving the objective of good order and discipline in Army life except by upholding the demotion.