Somers -v- Minister for Defence [2012] IEHC 447 (30 October 2012)

Somers -v- Minister for Defence [2012] IEHC 447 (30 October 2012)

The Appeals Officer breached fair procedures by relying on undisclosed technical advice from the Defence Forces Drugs Testing Team, which was relevant to the matters at issue and materially influenced the decision to discharge the applicant. The applicant was not afforded a reasonable opportunity to respond to this advice, constituting a clear breach of fair procedures required by law and the Defence Forces Administrative Instruction.

Citation
[2012] IEHC 447
Parties
Applicant: Daniel Somers; Respondent: The Minister for Defence
Jurisdiction
Ireland
Judgment Date
30 October 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order of certiorari granted; discharge decision quashed
Legal Topics
Fair Procedures, Burden of Proof, Drug Testing, Disciplinary Procedures, Disclosure of Evidence
Administrative Law Employment Law Military Law Fair Procedures Burden of Proof Drug Testing Disciplinary Procedures Disclosure of Evidence

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Parties

Daniel Somers

Applicant

The Minister for Defence

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant was afforded fair procedures in the disciplinary process leading to his discharge from the Public Defence Forces
  2. 2 Whether the Appeals Officer breached fair procedures by relying on undisclosed technical advice
  3. 3 Whether the correct standard and burden of proof was applied in the disciplinary proceedings

Ratio Decidendi

The Appeals Officer breached fair procedures by relying on undisclosed technical advice from the Defence Forces Drugs Testing Team, which was relevant to the matters at issue and materially influenced the decision to discharge the applicant. The applicant was not afforded a reasonable opportunity to respond to this advice, constituting a clear breach of fair procedures required by law and the Defence Forces Administrative Instruction.

Court Disposition

Order of certiorari granted; discharge decision quashed

Orders

  • Order of certiorari quashing the order made by the General Officer Commanding 4th Western Brigade on 25 September 2009 discharging the applicant from the Public Defence Forces