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Dáil Éireann díospóireacht -
Tuesday, 16 Dec 1986

Vol. 370 No. 13

Written Answers. - Reimbursement of Legal Expenses.

125.

asked the Minister for Defence the reason a member of the Defence Forces (details supplied) who was involved in an accident while on a training course was not given legal assistance by an Army legal officer; and if he will be reimbursed for any legal expenses and/or damages awarded against him.

The person in question was advised by an Army legal officer regarding the accident referred to.

General Routine Order 43/1955 provides that when an officer, non-commissioned officer or private is made defendant in civil or criminal proceedings, the defence thereof will be conducted on the sole responsibility of such defendant until such time as the decision of the Minister thereon is given.

It also provides that a claim may be referred to the Minister for Defence for assistance in, or reimbursement of, the cost of the defence, where the act complained of was one sanctioned by competent authority or was clearly within the prescribed course of the defendant's duty.

I am given to understand that a claim in respect of costs has been initiated by the person in question in connection with the incident.

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