A FORMER soldier who was discharged from the Defence Forces - 22 years ago after it was alleged he stole a general purpose machine gun - a charge he has always denied - is seeking to have his case reopened.
Mr Michael Donnelly, who lives in west Dublin, may be helped by a recent European Court of Human Rights ruling in favour of a former British army soldier who had his court martial ruling overturned on the ground it was illegal.
The court found the court martial of Alex Findlay was not sufficiently independent of the military authorities.
Mr Donnelly, who was a military police corporal when he was discharged in March, 1975, was not court martialled but discharged on "security grounds".
His discharge papers, with the comment of "services no longer required", effectively prevented him from securing anything other than unskilled work.
He unsuccessfully challenged his effective dishonourable discharge through the courts, losing his final appeal in October, 1979, when the High Court found on behalf of the military authorities.
His case stems from the theft of a machine gun from Clancy Barracks, Dublin, in March, 1973. The weapon was sold to the Official IRA, according to sources close to that organisation at the time. The Official IRA had maintained a ceasefire for just over a year and the weapon is understood to have fallen into the hands of members who later joined the INLA.
After being questioned Mr Donnelly was discharged from the Army. A subsequent letter, produced in court, said the senior officer in charge of his case was satisfied that Mr Donnelly was "involved in illegal activities".
It added: "It would be very difficult to take disciplinary action against this cpl as the evidence is very circumstantial. In the circumstances I would recommend that he should be discharged, services no longer required, as I am satisfied that he is a serious security risk, especially to his employment as cpl in the MPC [military police corps]."
However, he was never court martialled or tried in a civilian court.
Following the European Court ruling last month, Mr Donnelly wrote to the Minister for Defence, Mr Barrett, demanding the Minister "charge me in a court of law with the theft of this weapon or withdraw the allegation". Mr Donnelly is also seeking a public apology.