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Military Courts of Inquiry.

Dáil Éireann Debate, Tuesday - 9 March 2004

Tuesday, 9 March 2004

Questions (124)

Bernard Allen

Question:

211 Mr. Allen asked the Minister for Defence the reason he is refusing to release the findings of the courts of inquiry by the military authorities into the death of a person (details supplied) in County Cork; the reason his parent is being denied the full information on the details of the inquiry into his death carried out by the military court of inquiry; the statutory limitations that exist on releasing the findings of the court of inquiry and the reason the parent is being denied his legal rights to get the full details of his death; and the reason he is being referred to the Royal Netherlands Embassy to get details of the investigations of the Dutch police. [7747/04]

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Written answers

The Deputy's question refers to the death of a serving member of the Permanent Defence Force, who tragically lost his life during the course of a civilian parachute jump while on annual leave in Holland.

The military authorities advise that a liaison team, which consisted of a senior officer and a senior non-commissioned officer from the deceased's unit, was established following his tragic death. This team established and maintained contact with the officially designated next of kin, the sister of the deceased. She is the person who is recorded on all Defence Forces documentation as the officially designated next of kin of the deceased. However, as a matter of courtesy, the liaison team also contacted the father of the deceased and maintained contact with him throughout the period following the tragedy.

The military authorities have advised that this tragic death took place while the deceased was on annual leave abroad. Therefore, the deceased was not on duty as a member of the Defence Forces at the time of the tragedy. However, Defence Force regulations require that a court of inquiry should be held where any person subject to military law suffers a fatal injury, regardless of whether he or she is on or off duty at the time. A court of inquiry was therefore held in relation to the circumstances of the deceased's death in accordance with these regulations.

There are certain statutory limitations on the release of the findings of military courts of inquiry. The military authorities have informed me that the general conclusions of the inquiry were that this death was the result of a tragic accident. The military authorities advise that the circumstances of the death were investigated by the Dutch police in accordance with their own procedures under Dutch law. If they have not already done so, relatives may contact the Dutch police through the agency of the Royal Netherlands Embassy, whose contact address and other details have been provided.

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