Congo massacre survivor settles court action

ONE of the two survivors of the Niemba massacre in the Congo in 1960 has settled his High Court action over a 2006 report prepared for the Minister for Defence into the greatest loss of life of Irish soldiers on UN peacekeeping duties.

Eight Irish peacekeepers were butchered after their patrol was attacked by Baluba tribesmen on November 8, 1960. Former trooper Tom Kenny, 72, of Ballyfermot, Dublin, who, with Joe Fitzpatrick, survived the ambush at Niemba in the Congo, has for years claimed his good name was impugned because of the army’s allegedly incorrect history of the incident.

The Minister for Defence asked the army authorities to revisit the matter and, following an investigation of several months by Colonel Thomas Behan, a detailed report was presented to the minister in November 2006.

On the basis of the November 2006 report, Willie O’Dea apologised to Mr Kenny and Mr Fitzpatrick over certain references made to them in the initial army investigation.

In later judicial review proceedings, Mr Kenny alleged breach of fair procedures in the compiling of the November 2006 report and particularly complained about one reference relating to him in the report concerning his accounts of the ambush. He also brought defamation proceedings.

Under terms of settlement the reference complained of is to be withdrawn.

Mr Justice John Hedigan urged the sides to try and reach agreement. After discussions, Luan Ó Braonáin SC, for the minister, indicated agreement had been reached and said the proceedings could be struck out.

Mr Justice Hedigan congratulated the sides on reaching agreement. Having read the papers in the case, it was quite clear to him Mr Kenny and his comrades in arms in Niemba remain and continue to hold the highest place of esteem in this country as a result of this tragic affair, the judge said.

Earlier, Mr Justice Hedigan said he remembered the events involved vividly as a young boy as he attended the funerals of “these heroic soldiers”. It was very sad to see this case coming before the court, he added.

The judge said Mr Kenny was a colleague of heroic soldiers who, he believed, were the first peacekeepers who lost their lives in attempting to try and preserve world peace. “They are all due the highest credit. They are a credit to their country,” he said.

The judge noted one of the recommendations in the report was that Mr Kenny receive official recognition he survived a horrific encounter with hostile forces and had displayed courage, fortitude and tenacity in order to survive until rescued. That was the highest praise one can imagine for somebody who went through what Mr Kenny and his comrades went through, the judge said.

Outside court, Mr Kenny said: “They said I was suffering in my mind, that I could not live with the idea of thinking that somebody died to save my life. That has been withdrawn now because it wasn’t true. Nobody died to save my life.”