A military court has heard a suggestion that a decision to prosecute a soldier may have arisen from a political representation to the Minister for Defence after the Director of Public Prosecutions (DPP) had decided there should be no prosecution following a Garda investigation of the same case.
Company Sergeant Uel Fisher appeared before a sitting of a summary court martial at McKee Barracks in Dublin to face a number of charges including one of threatening to kill another soldier at a Christmas function in 2017.
Sgt Fisher, a senior non-commissioned officer attached to the 28th Infantry Battalion based at Finner Camp, Ballyshannon, Co Donegal, is also accused of drunkenness and a separate charge of conduct prejudicial to good order and discipline contrary to the Defence Act 1954.
Specific details of the offences including date and location were not made available by the court martial.
At the start of the hearing, counsel for the accused, Gerard Humphreys SC, told military the military judge, Judge Michael Campion, that what happened at the function appeared to have been resolved five years ago after a complaint had been made to gardaí about the incident and statements were taken from witnesses.
Mr Humphreys said Sgt Fisher was subsequently informed by gardaí that there would be no prosecution. However, the barrister said it appeared that “four years later” a decision had been taken to prosecute his client before a military court in relation to the same incident.
He noted that political representations about the case were made to the Minister for Defence.
Mr Humphreys said the issue raised concern in relation to double jeopardy as well as how a decision was made to proceed with a court martial of his client. He said the prosecution had very serious consequences for Sgt Fisher, a married father of three who has served with the Defence Forces since 1985.
Difficulty calling witnesses
Mr Humphreys said the delay in prosecuting the case also presented difficulties in trying to call witnesses as there had been a high turnover of personnel in Sgt Fisher’s battalion over the years.
The hearing at the Military Justice Centre in McKee Barracks was informed that the accused’s legal representatives were still seeking to access certain documents including statements made to gardaí by witnesses to the alleged incident.
Solicitor for the Director of Military Prosecutions Shane Keogh acknowledged there had been a representation sent to the Minister for Defence by Sligo TD Marc MacSharry.
Lieut-Col Keogh said he would contact the Department of Defence about documents including the representation made by Mr MacSharry.
Lieut-Col Keogh also admitted there were inconsistencies between statements provided by witnesses to gardaí and military police.
The judge accepted an application by Mr Humphreys to postpone the planned arraignment of Sgt Fisher on the charges until he had access to any further documents that would be disclosed by the Defence Forces.
The court heard that if a trial was to proceed, it could last about five days and potentially involve more than 20 witnesses. The judge adjourned the hearing until a date in October when Sgt Fisher is expected to enter pleas to the various charges.