The main suspect in the killing of Private Seán Rooney in Lebanon has failed to show at a hearing of the military tribunal in Beirut citing medical reasons.
A lawyer representing Mohammad Ayyad provided a one-page medical report, which they said was verified by the Lebanese hospital authority and Ministry of Health, to the assistant military prosecutor Claude Ghanem.
The report outlining the reasons for which Mr Ayyad was hospitalised was not read aloud in court.
Brigadier General Khalil Ali Jaber, who presided over a five-judge bench, made the unusual request of asking Mr Ayyad's lawyer if they had brought a photo of the suspect in hospital.
The lawyer responded that they had not brought such a photo. The military court then accepted the medical report and postponed the hearing until June 2024.
The hearing in Beirut was attended by Nuala O’Brien, Ireland’s ambassador in Cairo, which has responsibility for diplomatic relations with Lebanon, George Siam, Ireland’s honorary consul in Lebanon and Joe Karam, a Lebanese lawyer who is representing the Irish Government during the hearings.
A legal observer from the United Nations Interim Force in Lebanon, known as UNIFIL, was also present to observe the proceedings.
During the last hearing in August, Mr Ayyad admitted to firing a gun during the attack in Al-Aqbiya but denied an allegation made in the military court’s indictment report that he was a member of the Shia militant group Hezbollah which controls south Lebanon.
Hezbollah is currently embroiled in an escalating conflict with Israeli forces which has so far killed more than 100 of its militants along the Israel-Lebanon border, where over 300 Irish troops are currently deployed as peacekeepers with UNIFIL.
The postponement of the military court hearing until next June will further raise concerns in the Irish Government that Lebanon will not effectively deliver justice in Pte Rooney’s case.
During his last hearing in August, Mr Ayyad was represented by over twenty lawyers in what was viewed as a display of strength in front of the military court.
Mr Ayyad is not believed to have been provided with legal aid to cover the cost of lawyers.
None of the five Lebanese men charged in relation to the deadly gun attack on Irish peacekeepers in Al-Aqbiya last December, which also left Trooper Shane Kearney with a serious head injury, are currently in custody.
Mr Ayyad was the sole suspect detained by the Lebanese authorities in the aftermath of the attack but was released on bail of 1.2 billion Lebanese pounds (around €12,325) last month, reportedly on health grounds, after spending almost a year in detention while the Lebanese investigation proceeded.
The whereabouts of the four other accused - Hussein Salman, Ali Salman, Mustafa Salman and Ali Khalifeh - remain unknown.
A spokesperson for the Irish Department of Defence said that "it is disappointing that none of those indicted for Pte Rooney's killing appeared in court today, including the individual recently released on bail" and added that the Government "will continue to make strong representations to Lebanese authorities and with the United Nations".
In a statement, the Department of Defence said that Pte Rooney's family was informed of today's developments.
"The Department understands that the investigation by An Garda Síochána, for the purposes of preparing a report for the Coroner, is almost complete. The Defence Forces continues to support this investigation," the statement said.
In the Dáil yesterday, Tánaiste and Minister for Foreign Affairs and Defence Micheál Martin said that the length of time the investigations into the attack on the Irish peacekeepers in south Lebanon are taking is "distressing" for the family of Pte Rooney.
Earlier this year, the UN concluded an international investigation into the attack which a spokesperson for the Department of Defence has said will not be made public.
Meanwhile, with the support of the Defence Forces, An Garda Síochána is conducting an ongoing investigation for the purpose of preparing a report for the coroner.
The anniversary of Pte Rooney's death was marked on Thursday by Irish troops in South Lebanon with a silent dawn parade followed by a ceremony at the Tibnine memorial and a wreath-laying ceremony in Camp Shamrock (UNP 2-45).
In a statement issued by the Defence Forces, the Chief of Staff, Lieutenant General Seán Clancy, said: "Our thoughts are with the family of Private Seán Rooney who is still dearly missed by all his colleagues in Óglaigh na hÉireann.
"Seán's passing is a stark reminder of risks our personnel face when they don the uniform."
