Defence Forces withdraws decision to discharge army corporal after he sought judicial review

Although the army informed Cpl McLaughlin’s legal team last week, the matter was formally resolved at a hearing in the High Court on Tuesday.

The judicial review will now not go ahead.

When the case was called, Ms Justice Niamh Hyland was told it had been resolved and could be struck out.

The serving soldier has been granted an Order of Certiorari which quashes the decision to medically discharge him.

Another such order has also been made, quashing an April 2022 decision to classify him as being “below Defence Forces medical standards”.

Issue raised in the Dáil

The medical board reviews started after TD Marc Mac Sharry, on December 16, 2021, raised in the Dáil the fact that an unnamed “Sligo corporal” — who was in fact Cpl McLoughlin — had been “subject to a death threat from a superior" in 2017.

Mr Mac Sharry also raised the fact that Cpl McLoughlin had faced “discrimination” since he had complained about the way he had been treated.

The day after the deputy raised the case in the Dáil, Cpl McLoughlin was phoned and told to attend a Defence Forces medical review on November 18, 2021.

On the day, a sergeant was assigned to drive him to the review, and make sure he attended.

The medical board decision to discharge him followed a report on that review, the contents of which Cpl McLoughlin contested.

Despite his objections, Cpl McLaughlin — whose father Dermot was killed by Israeli gunfire while UN peacekeeping in Lebanon in 1987 — was then informed on November 11, 2022, he was going to be medically discharged.

Just 12 days later, the court martial of a more senior officer who allegedly threatened to shoot him opened at McKee Barracks in Dublin.

Company Sergeant (CS) Uel Fisher initially pleaded not guilty to five separate charges including one that he allegedly said to Corp McLoughlin: “I will kill you. I will get my gun and I will fucking shoot you.”

His trial was halted on its second day after he changed his plea and he was re-arraigned on three section 168 charges, which he admitted.

The Director of Military Prosecutions agreed to drop the charge of threatening to kill and another one of drunkenness.

The military court had heard the offences were committed between November 14 and November 15, 2017, in the Non Commissioned Officer’s mess at Finner Camp, Ballyshannon, Co Donegal, where a Christmas party was being held.

The court martial heard evidence that a soldier suffered a bleeding mouth after being punched in the face and a picture of President Michael D Higgins was smashed during events which left the mess looking like it had been “ransacked”.

CS Fisher was fined €5,000 at his sentencing in March 2023.

Although he had been promoted to CS in August 2020, his seniority was forfeited for a year, meaning that it only dated from August 2021.

Military judge, Colonel Michael Campion said CS Fisher’s conduct had been “unwarranted and unacceptable”.

During his court martial, the 55-year-old admitted three charges of conduct prejudicial to good order and discipline, contrary to section 168 of the Defence Act.

He pleaded guilty to throwing glasses and telling Cpl McLoughlin: “I knew your father. He was a gentleman but you are a little prick.”

In evidence, Cpl McLoughlin said CS Fisher became abusive and threatening towards him after he intervened in a struggle that broke out between soldiers over a decision to close the bar.

When asked for a comment about the judicial review application being struck out, a spokesperson for the Department of Defence stated: “The Department does not comment on individual cases.”