An Army deserter who sued the Minister for Defence for damages for alleged hearing loss had his action dismissed with costs by the High Court yesterday.
Mr Justice Carney remarked that, having deserted in 1976, one might have thought Mr Michael Deady (46), of Ivy Cottage, Bruree, Co Limerick, might "lie doggo." But "not a bit of it", the judge said.
Having deserted in December 1976, Mr Deady did not allege any difficulty with his hearing until within the last five years. "I don't find his claim to be credible and I'll dismiss the action," Mr Justice Carney said.
At the opening of the action, Mr Edmund Honohan SC, for the Minister for Defence, said he understood the Army authorities were aware of Mr Deady's presence in court.
The judge said the Minister was not entitled to take any high moral tone because, when there was service of the claim for damages in March 1996, the Minister did nothing about it.
Those facts notwithstanding, Mr Deady was entitled to have his case considered on its merits, the judge said. But, he added, it had no merits.
Mr Deady, in evidence, said he was a member of the FCA from 1970 to about 1972-1973 and had learned to fire rifles and machineguns.
He then joined the Army and remained in it for roughly 12 months. His aunt "bought" him out.
He was out for two or three months but liked Army life and went back, when he again fired rifles, grenades and machineguns.
He left when he got married because he had a child who had epileptic fits, and his wife's father wanted him to take over the farm.
Mr Deady said he had contacted two ministers for defence and wrote letters to try and regularise his position.
He had tried to buy his way out of the Army and within the last two to three months had written a letter to the Minister with the aid of two priests. As yet he had received no answer.