Fresh review ordered into lieutenant forcibly retired in 1969

Fresh review ordered into lieutenant forcibly retired in 1969

A fresh review has been ordered into the case of a former lieutenant in the Irish Defence Forces who was forcibly retired over five decades ago.

Donal de Róiste was retired by President Éamon de Valera, acting on advice of the Government, on 27 June 1969 in accordance with section 47(2) of the Defence Acts 1954 and section 18(1)(f) of Defence Force Regulation A.15.

In November 1998, Mr de Róiste launched proceedings in the High Court in November 1998 over the circumstances of his retirement, but they were rejected in June 1999 on the grounds of inordinate delay. He appealed to the Supreme Court, which upheld the court’s decision in January 2001.

Ministers ordered a review of documentation in Mr de Róiste’s case in 2002, but he successfully had the report quashed by the High Court in 2005 on the basis he had not been afforded fair procedures.

A number of attempts have been made since 2010 to agree revised terms of reference for a review between the Government and Mr de Róiste, which have now led to the latest announcement.

“The minister with responsibility for defence will request a nominee of the Attorney General to carry out the review and make a report within three months of his or her appointment, or at the earliest possible opportunity thereafter,” the Government said.

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