The State was directed by the High Court today to pay half of the legal costs, estaimated at €100,000, incurred by a former Army officer in his unsuccessful legal challenge to the Government's permitting the use of Shannon Airport by US military aircraft involved in Iraq.
Mr Justice Kearns described Mr Edward Horgan as a person of "sincerity" whose action had raised important public law issues. While it would be wrong to allow Mr Horgan his full costs, it would be equally wrong to award costs against him, the judge said.
A former Army commandant who is now pursuing a doctorate in peace studies, Mr Horgan, of Casteltroy, Limerick, instituted his proceedings before the start of the Iraq war when troop-carrying US aircraft were using Shannon on their way to the Middle East.
In a reserved judgment on Monday last, Mr Justice Kearns dismissed Mr Horgan's application and left over the question of costs.
When the judge sat to deal with the costs issue today, lawyers for Mr Horgan argued there should be no order for costs made against him, rather the State should pay his costs.
Counsel for the State opposed that application and argued that while the judge had discretion in relation to costs, Mr Horgan should not be "rewarded for being wrong" by having his own costs met by the State.
After the hearing, Mr Horgan said he had not yet decided if he would bring an appeal to the Supreme Court against Monday's judgment.
In a statement, he said he was very pleased that the court had accepted his submission that international law required that neutral states, including Ireland "which follows a kind of qualified neutrality", to prohibit the transit of large numbers of troops through its territory en route to war. In light of that, he added, the Government could not suggest that Ireland had behaved as a neutral State in the war on Iraq.
Mr Horgan said the finding by the court was most serious and had significant implications. He added: "Ireland, having assisted the attacking forces, must accept its share of responsibility for the cluster bombs and missiles dropped on the people of Iraq."