The High Court yesterday refused to grant a former soldier an order quashing a decision which revised his military conduct rating from "exemplary" to "unsatisfactory" after he pleaded guilty to unlawfully importing 40,000 cigarettes at Dublin Airport 2 1/2 years ago.
Pte Hugo Toner (44), of the 28th Infantry Battalion, Western Command, pleaded guilty to importing the cigarettes at Dublin Airport on September 27th, 1997, while on leave from a tour of duty with UNIFIL in Lebanon. On appeal, he was fined £250.
On June 28th, 1997, during the same tour of duty, he was detained at Belfast Airport with almost 30,000 cigarettes in his possession. He was fined £800 sterling for this offence.
The soldier, in proceedings against the Minister for Defence and two generals, was also refused an order prohibiting the Minister and the generals from discharging him from the Permanent Defence Forces on November 21st, 1998, when he had completed 21 years' service.
The court also rejected an application for a declaration that permission granted to Pte Toner on or about June 18th, 1997 - prior to both convictions - to continue in the Defence Forces for a further two years from November 21st 1998 remained valid.
The court was told that Pte Toner's conduct rating had been downgraded from exemplary to unsatisfactory after the fine imposed on him in Dublin.
Mr Justice Kinlen pointed out that, on the submission of the Minister and the generals, the soldier was entitled to his full pension on the expiration of his contract.