FORMER ARMY LIEUTENANT Dónal de Róiste said a “weight has been lifted” from his shoulders after a review found his dismissal more than 50 years ago “was made on foot of a fundamentally flawed and unfair process”.
While Minister for Defence Simon Coveney said the “situation in Ireland in 1969 was far different than what it is today”, he acknowledged that de Roiste’s forced retirement was “not in accordance with the law”.
In a statement, Coveney said: “Whilst a decision to retire de Róiste from the Defence Forces in these circumstances, and on the basis of the documentation considered at the time, was found by the Reviewer to be reasonable, the Review has determined that no national security concerns should have prevented Mr de Róiste from being afforded the most basic procedures of natural justice and the right to defend himself and his good name.
“In this regard, the Review has concluded that Mr de Róiste’s dismissal was not in accordance with law.”
Minister Coveney apologised for the “distress and upset suffered over the years by de Róiste” and a confidential settlement has been agreed.
In his statement, Coveney also acknowledged the “long-standing interest that President Higgins has taken in de Róiste’s case”.
Dismissal
De Róiste was 24-years-old when he was retired by the President Éamon De Valera, acting on the advice of the Government, on 27 June 1969.
The review by Niall Beirne SC found that in April of 1969, a handwritten note bearing an illegible signature stated that de Róiste was in the company of members of a Dublin IRA splinter group.
The note added that it was “not possible at that stage to say whether the connection was subversive or not”.
A further document added that while de Róiste “maintained a relationship” with one of these members for “almost a year”, there was “no evidence to indicate a subversive connection between them”.
In an interview with de Róiste for the review, he “strongly denied” knowing about any “subversive activities” related to above person and denied meeting any other individuals named in the handwritten note.
De Róiste was interrogated several times despite the fact that no charges had been brought against him.
On 30 May, 1969, de Róiste’s solicitor wrote to the Irish Army’s Chief of Staff and said: “Our client does not know where he stands. He is be being pressurised and badgered which is quite unfair, due to the fact that he has not yet been formally charged.
“Every action that has been taken up to now against him has been completely to his prejudice. We must point pit that in the Defence Act 1954, there are various protections given to officers which have been ignored in our client’s case.
“Our client would therefore like to know what charge, if any, is being preferred against him.”
No reply to this letter appeared in the files reviewed, though a draft reply which did not appear to have been sent was found.
In a letter dated 25 June, 1969, de Róiste was informed of his retirement, though no reason is given for the retirement.
The review concluded that the decision to “compulsorily retire de Róiste was made on foot of a fundamentally flawed and unfair process, and therefore not in accordance with the law”.
However, the review stated that the decision was “reasonable” based on the “basis of the documentation available to the Defence Forces at the time”.
Minister Coveney said he accepts the conclusions of the report.
‘Good name restored’
De Róiste said he had “never dared to hope that this day would ever come and now it has”.
“I feel a weight has been lifted from my shoulders,” he added.
He also offered his “sincerest gratitude to President Michael D Higgins, who believed me when others didn’t and for his help with calling for the establishing of this Review”.
A statement from de Róiste’s family said the review has brought “closure to this dreadful miscarriage of justice”.
It added: “All our family have ever wanted was for Dónal’s good name and character, and the good name of our family, to be restored.
“As the review report has found, our brother was denied a fair process in 1969, there was no charge, no trial, no conviction and for 53 years we have fought for justice to be done.”
The family also said they are “profoundly grateful for the announcement by the Minister for Defence Simon Coveney and for his apology to Dónal for the distress and upset suffered by him over the years”.
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