Army whistleblower launches challenge to state’s refusal to supply report into Defence Forces claims
A senior officer with the Defence Forces has launched a High Court challenge over what he says is the State’s refusal to provide him with a report following an independent review into his claims of alleged corruption and misconduct.
The action has been brought by Lieutenant Col. Jerry Lane who claims he raised genuine concerns that preferential treatment was being afforded to another member of the Defence Forces to the detriment of others.
Lt Col Lane, from Bandon in Cork made a protected disclosure to members of Seanad Eireann regarding his concerns. The issues were raised in the Seanad in 2011.
Arising out of the disclosure Lt Col. Lane claims he was subjected to a range of penalties including the alleged threat of dismissal and involuntary retirement from the Defence Forces, but these were subsequently set aside.
The Minister for Defence in 2016 appointed a senior counsel to conduct an independent review into Lt Col. Lane’s allegations.
At the High Court today Thomas Creed SC, for Lt Col Lane, told Mr Justice Seamus Noonan the officer co-operated with the investigation and furnished a 137 page submission.
He did raise some issues with the Minister for Defence but at no stage did he ask for the review to be terminated.
He sought a copy of the report, and when it was not forthcoming Lt Col. Lane wrote to the former Taoiseach Enda Kenny seeking his intervention.
Counsel said his client was informed last June the report would not be published and would be kept in a sealed file.
A fresh review into the allegations is to be conducted by Mr Frank Callanan SC.
Counsel said Lt Col. Lane wants to have sight of the first report and any findings or conclusions.
The decision to refuse to give it to Lt Col. Lane breaches his constitutional rights and was in breach of fair procedures, counsel added.
The decision to refuse him access and proceed with a fresh review was also irrational and , unfair, it was further submitted.
In his action against the Minister for Defence, Ireland and the Attorney General, Lt Col Lane seeks an order quashing the refusal to provide him with a copy of the first report, and says he wants to be given the report.
He also seeks damages and a declaration the respondents have have acted unlawfully and in excess of jurisdiction by failing to provide him with a copy of the report of the first independent review.
Permission to bring the application was granted on an ex-parte basis by Mr Justice Noonan.
The case will come back before the court in February.
