An army officer has been dismissed from the Defence Forces after a court martial found him guilty of offences related to his proactive efforts to prevent an applicant from having a potential military career.
Lieutenant Shane Hunt, had pleaded not guilty to two charges of disciplinary offences contrary to the Defence Act 1954 over his attempts to interfere with the application of Euan Mackay to join a cadet training programme run by the Defence Forces in 2021.
However, Lt Hunt, who has served in the Defence Forces for seven years, was found guilty of the offences by a military board (jury) of six officers following a five-day court martial held in the Military Justice Centre at McKee Barracks in Dublin in October.
He was convicted of falsely informing Mr Mackay at the Curragh Camp on July 29, 2021 that a planned interview could not go ahead because a member of the interview board was a close contact of someone with Covid-19.
The trial heard that Lt Hunt had attempted to cover his tracks by conducting an interview via Skype with the applicant on August 24, 2021 which he had arranged using an e-mail that was different to the normal one he had used in corresponding with Mr Mackay during the application process.
Lt Hunt, who is based with the 12th Infantry Battalion in Sarsfield Barracks in Limerick,, was also found guilty of generating a spreadsheet on August 25, 2021 of candidates that needed to be subject to Garda vetting which falsely omitted Mr Mackay’s name.
The trial heard the offending by the accused only emerged after the applicant had sought information from other members of the Defence Forces about his candidacy.
At a sentencing hearing on Wednesday, the military judge, Colonel Michael Campion, noted that no explanation had ever been offered by Lt Hunt for his actions in trying to prevent Mr Mackay from becoming a cadet in the Defence Forces.
However, the judge also observed that the victim was now a serving member of the Defence Forces with the rank of lieutenant after successfully completing the training course although he had begun it two weeks later than other cadets because of what had happened.
Col Campion described the actions of Lt Hunt as “highly objectionable” and “not acceptable” and the offences could not be reconciled with continuing service in the Defence Forces.
He told the hearing that the offences were not criminal charges but ones of a disciplinary nature which were far more serious in a military environment than a civilian setting.
He said aggravating factors in the case were Lt Hunt’s rank and experience and the difference in status between the offender and his victim.
Col Campion said the accused’s behaviour also represented a breach of the trust that Mr Mackay was entitled to have in the integrity and fairness of the recruitment competition.
The judge said the generation of a false document by Lt Hunt around four weeks after the first offence was “a premeditated attempt to exclude Euan Mackay from the competition.”
He remarked that the offending could seriously undermine morale and discipline in the Defence Forces as well as create difficulties in its attempts to recruit and retain members.
Col Campion said it had been “disingenuous” of Lt Hunt to downplay the seriousness of his conduct in a meeting held in preparation for a probation-style report for the court martial.
The judge observed that the information relayed by the accused in the meeting with an occupational social worker did not reflect the evidence heard in the trial and had attempted to frame the false information provided about the interview being cancelled as “a scheduling mistake.”
The court heard Lt Hunt, who holds a law degree from NUI Galway, had one previous conviction for a relatively minor disciplinary offence.
He is also involved in an ongoing medical process which the court heard was likely to see him being discharged from the Defence Forces on medical grounds.
Col Campion observed that Lt Hunt had been given an opportunity by his commanding officer “to come clean” about making a mistake and to retrieve the situation but he had not availed of the offer of support from his superior.
He said the accused had compounded his mistake by trying to cover it up by arranging an interview with Mr Mackay “in highly irregular circumstances.”
The judge said it was a testament to the value that other members of the Defence Forces placed in the integrity of the recruitment competition that an injustice in relation to Mr Mackay had been avoided.
He acknowledged it would be difficult for the defendant to accept the consequences of his actions and that he had “learnt a costly lesson.”
Directing that Lt Hunt should be dismissed from the Defence Forces, Col Campion said there were no mitigating factors that would warrant the imposition of a lesser sanction.
Observing that it had been a difficult case for all parties, the judge admitted he had been reluctant to impose such a punishment but that dismissal was proportionate given the gravity of the offending.
He also reminded the accused that he had a right to appeal the sentence to the Court of Appeal.
