A Soldier who has been on certified sick leave since February last has secured a High Court order preventing the Army from proceeding tomorrow with a court of inquiry into his absence.
Trooper Martin Foley, stationed at Connolly Barracks, Longford, said the court of inquiry was established in the "clear knowledge of my illness, subsequent hospitalisation and medical treatment". He believed if the inquiry proceeded, he might be dismissed and/or imprisoned.
On the application of Mr Edward Walsh SC, for Mr Foley, Mr Justice O'Sullivan granted an interim order, returnable to Monday next, restraining the inquiry. Mr Walsh said the soldier had been certified ill by an Army doctor and a specialist, but his commanding officer, Comdt Dalton, had still seen fit to convene a court of inquiry.
In an affidavit, the soldier said he was on duty in Co Cavan on February 24th last when he became ill and began to experience aches and pains in his hands and left side of his jaw. He was seen by his GP, Dr Gerald McDonagh, in that doctor's capacity as the doctor seconded to Army personnel stationed at Connolly Barracks. He was prescribed medication but his condition deteriorated and he was admitted to hospital on February 26th. He was in hospital for two weeks and later readmitted.
He was then discharged under the care of Dr McDonagh, who referred him on to the care of a consultant rheumatologist. He was certified unfit to resume work and referred to a medical report by the rheumatologist and a medical certificate issued by Dr McDonagh.
Trooper Foley said he was seen by an Army doctor, Col Moriarty, last June, to establish the progress of his recuperation. The doctor advised him to keep seeing the rheumatologist and said he would review his case in six months.
He was summoned to an interview with Comdt Dalton on October 23rd. Comdt Dalton said he was not accepting the medical certificate and instructed him to report to work on October 27th.