An Air Corps officer who was dismissed from the Defence Forces for using abusive language to his superior officer must keep his job until his appeal is decided, a court has ruled.
Commandant Niall Donoghue, 47, was found guilty by a court martial last month of calling his superior officer, Lieutenant Colonel Gerry O'Sullivan, an abusive name at Baldonnel in January last year.
The court martial was told he called Lieutenant Colonel O'Sullivan a 'little prick' after he was given a negative appraisal of his performance.
It ordered Commandant Donoghue's dismissal and said he was fortunate not to get a custodial sentence.
Commandant Donoghue, who has two children and has 28 years' service, had pleaded not guilty and claimed his comments had been misheard.
The Court Martial Appeal Court ruled that Commandant Donoghue was entitled to a stay on his dismissal pending the outcome of his appeal against his conviction and sentence.
Ms Justice Fidelma Macken said the court was satisfied that there were adequate grounds of appeal set out in the material before the court upon which a stay ought to be granted.
Ms Justice Macken said the court was extremely aware of the importance of discipline in the Defence Forces.
She said the type of work carried out by Commandant Donoghue was entirely a matter for his superior officer.
The judge said the court also wanted the appeal by Commandant Donoghue processed at the speediest possible level and should be made a matter of priority.
Lawyers for the Director of Military Prosecutions had argued there would be disciplinary problems with having a senior officer who had been convicted of using abusive language to a superior officer back at work.
