A former soldier who has spent the past 22 years contesting his dishonourable discharge from the Army because he was considered a security risk is to bring his case to the European Court of Human Rights.
Mr Michael Donnelly, who lives in west Dublin, was discharged from the Army in April 1975 on suspicion of being a member of the Official IRA; stealing a general-purpose machinegun for the Official IRA; and attempting to shoot down a British army helicopter while on tour of duty on the Border.
He unsuccessfully challenged his dishonourable discharge through the High Court and the Supreme Court.
He told The Irish Times yesterday that he was determined to clear his name. He said no evidence had ever been produced to back up the Army allegations. "I have asked the Army to charge me with all these things but they have not done so. That is not satisfactory."
Mr Donnelly has a letter from the RUC which states: "The RUC has no record of a helicopter in Northern Ireland being fired upon on the dates in question. As there is no evidence of a crime having been committed, there will be no investigation into the matter."
A letter produced in court by the Army said the senior officer in charge of the case was satisfied that Mr Donnelly was "involved in illegal activities".
It added: "It would be very difficult to take disciplinary action against this corporal as the evidence is very circumstantial. In the circumstances, I would recommend that he be discharged, `services no longer required', as I am satisfied that he is a serious security risk, especially to his employment as a corporal in the MPC (military police corps)."
Mr Donnelly was never courtmartialled or tried in a civilian court. He believes the only way he can clear his name is to go to the European Court of Human Rights.