A soldier confined to barracks for allegedly being drunk on duty and insubordination has brought High Court proceedings challenged the constitutionality of Army disciplinary procedures.
Gunner Andrew Coffey, Ballymahon, Co Longford, secured leave from Mr Justice Michael Peart to bring a case against the Minister for Defence and the Attorney General challenging the legality of convictions imposed under section 168 of the Defence Act 1954, resulting in his being confined to barracks for seven days. The Human Rights Commission is also a notice party to the action.
Gunner Coffey, who denies that he was drunk on duty, contends the failure to permit him to be represented by a lawyer at hearings conducted by the military on January 25th and February 5th last breached his rights to fair procedure and natural justice and his rights under the Constitution and European Convention on Human Rights.
While he had "the height of respect" for the officer who conducted the trials, they were unjust because he was tried in private by a tribunal which could not be considered independent or impartial, he claims.
Gunner Coffey, of the Fourth Field Artillery Regiment, Mullingar Barracks, said in an affidavit that shortly before 9am on January 20th last, he was accused of being in an unfit condition due to the consumption of an intoxicating substance after reporting for guard duty. As part of guard duty he was required to draw a rifle and live ammunition, he said. He was alleged to have told a superior officer who took a gun from him: "I will take the f*****g head off him." He had a difficult relationship with the officer, he said.
Gunner Coffey said he was not intoxicated and several witnesses gave evidence to the tribunal that he appeared normal. On January 31st, blue pen marks were discovered on his uniform during an inspection, he said. Even though faults were found on other soldiers' uniforms, he was the only one charged, he said.