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while not agreeingwith the ST article. He does raise some valid questions, one officer for ten men, a dept of defence with a bunch of civil servants and a load of army also attached. Lets face it there are two many units , not enough guys in operational units, too many cushy numbers , too many bar rid of tingracks, consolidate get rid of halfthe officesr and units, more bayonets less jam , cheap housing, and free eduction stealers
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I see the court martial of the air corps commandent is back in the papers today.
Irish Independent - Court martial appealComment
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joe higgins and martin ferriss.. now they must hold a grudge...marita ann perhaps....Comment
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The court martial wrt the IAC officer is listed for the Four Courts on the 13th this month.Comment
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Court Martials are not held in civilian courtrooms, I think you'll find that it's his appeal against the findings of the CM that he has appealed in civilian courtOriginally posted by danno View PostCRIME SCENE INSTIGATORComment
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The Court Martials Appeals Court is the High CourtComment
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It is not part of the court martial process, it is where you go when you have exhausted the military proceeduresOriginally posted by DeV View PostCRIME SCENE INSTIGATORComment
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It is the High Court but it sits as the Court Martials Appeals Court, it is a military court as such but with civilian judges.Comment
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As an apprentice at the Army Apprentice School in Naas in the late 70's the usual form of disciplne for minor offences was a spell in Dixieland or moving turf in the turf shed from A to B and back to A again.Comment
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Strange as it may seem gentlemen, our "Military Law" is far from law, you have recourse to the full judicial system and may hire a lawyer or barrister if you wish, all of our military law is based on the Original British law and needs to be updated by someone other than a military law "Expert". A lot of the charges that were in vogue in 1950 would not stand up to Media scrutiny, let alone Judicial review.Comment
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our Military Law is a parallel system to the normal law of the land- pertinent cases like Scariff v Taylor sets that out- however Military Law is still subject to the Constitution and to the various EU laws. Cromwell himself said that the Soldier is just a civilian in uniform. If you think about it I am sure your school/college/workplace has its own policies concerning matters such as sick leave etc - that is just like Military law and that is supervise -able by the Courts.Originally posted by bankroller View Post
Irish Military law was originally based on British Military law but the 2008 onwards stuff is based on Australian/Canadian Military law as well- it is far from perfect.
The new statutory provisions were drafted by one of the big firms of Solicitors in consultation with the Department and an august body called the Court martial rules committee.
Whilst Irish Military Law is not perfect the media can scrutiny it all they want but apart from getting betty from Gormanston the page 3 bird to flash her truppenies in protest, the Media have no power to amend military law.
If you go onto courts.ie and then search the cases data base, you will find that Irish Military law has been challenged in part a great deal of times and has yet to be overturned.
And it should be pointed out that a Soldier accused of a crime/offence has only recourse to legal counsel when remanded for Court martial- you cannot have representation (except assisting person) at the preliminary investigation (orders) or at the taking of a summary of evidence, even though you have the right to cross examine witnessess against and for you and those answers will go to form the prosecution case against you.Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere***
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.Comment
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HH, what was updated in 2007 is the procedure for the trial of persons before a court martial,some referrals to the ECJ from other jurisdictions necessitated this.However the military offences ,subject to some minor adjustments ,remained the same.
At the same time the 2007 Garda discipline regs were enacted and the offences were updated along with the procedures.The same could easily have been done for the DF.For example ,abuse of any Garda by a Garda is an offence,in DF only an offence if victim is a superior officer !.Comment
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Danno, what about Defence Act 1954 Section 140 ?Originally posted by danno View Post
Section 140
Section 143:
Defence Act does not just protect those of superior rank, if I am interpreting correctly
what you said above (highlighted)"Well, stone me! We've had cocaine, bribery and Arsenal scoring two goals at home. But just when you thought there were truly no surprises left in football, Vinnie Jones turns out to be an international player!" (Jimmy Greaves)!"Comment
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Trucker,I was referring to section 133,in any event there are already offences in existance in the criminal code dealing with assauly/theft etc.Sec 133 makes it an offence to be abuse etc somebody of superior rank and seems to exist to protect the institution wheras in the garda regs it appears to protect the individual concerned.Comment
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