An Air Corps Commandant, who was dismissed for using abusive language to a superior officer, has won his appeal against dismissal.
The Court Martial Appeal Court this evening upheld his appeal because of the manner in which his original Court Martial was appointed.
Commandant Nile Donohoe was the first officer to be dismissed from the Defence Forces in over 20 years.
The Commandant was based in Baldonnel when he received his annual appraisal in January 2009. However after getting his appraisal he was accused of using threatening or insulting language to a superior officer.
He was court martialled the following year in 2010. The Court Martial was told he had called his superior officer an offensive name immediately after being handed his approval.
Commdt Donohoe denied using that expression and said he had used the words "this is a little prickly".
However the Court Martial two years ago found Commdt Donohue guilty. The military judge dismissed him from the Defence Forces and told him he was lucky to avoid being sent to jail.
Commdt Donohoe appealed to the Court Martial Appeals Court which has three senior civilian judges.
This evening they upheld his appeal because they found the Court Martial Administrator had acted beyond his powers.
The judges said the Administrator, in selecting the Board - the equivalent of a jury - had made his selection based on a rank structure which could have distorted the randomisation of selection.
The judges did not order a retrial but the case will be back in court next term to deal with issues arising from this evening's judgment.
