Defence Forces inquiry begins public hearings into culture of abuse and complaints handling

A Defence Forces tribunal has begun public hearings into allegations of abuse and failures in complaints processes.

The Defence Forces Tribunal of Inquiry is dealing with “urgent matters of public importance”, including allegations of “torture and rape”, relating to a workplace unlike any other, the tribunal’s senior counsel said in his opening address on Wednesday.

Speaking at the first module of public hearings in Dublin, Michael Cush SC said allegations of a culture of abusive behaviour in the Defence Forces, as exposed by RTÉ in 2021, “demanded attention and action”.

He said that, in considering evidence due to be heard over the coming months, it was important to understand that the Defence Forces is a “complex” and “unique” workplace where “all lawful orders must be obeyed” and which has “no equivalent in civilian life”.

“Obedience to commands is a key element in military life,” he added.

Mr Cush also said the “unquestioning obedience” expected of personnel sets the Defence Forces apart from other arms of the State.

Complaints culture under scrutiny

The first module of public hearings, taking place at The Infinity Building in Smithfield, Dublin, will examine whether complaints of abuse were “actively deterred or whether there was a culture that discouraged the making of complaints of abuse”.

As the tribunal’s investigations remain ongoing, Mr Cush said hearings would proceed in tandem with those investigations and would be conducted in a modular format.

He said a total of 58 witnesses are expected to give evidence.

Six of those witnesses are individuals who suffered side effects from the anti-malarial drug Lariam.

Mr Cush said it was notable that, among the 225 personnel who sued the State over alleged side effects linked to Lariam, “not one of them complained to the Defence Forces”.

He said the tribunal wanted to establish why none of them made complaints through Defence Forces channels.

Established in June 2024, the inquiry's full title is the Tribunal of Inquiry into Issues Relating to the Complaints Processes in the Defence Forces in Respect of Complaints of Abuse and Complaints of Hazardous Chemicals and to the Culture Surrounding the Making of Complaints of Abuse from January 1, 1983, to June 20, 2024.

More than 20 barristers are involved in the proceedings, representing a range of parties.

These include the Defence Forces, the Department of Defence, the Defence Forces Justice Alliance and the Women of Honour group.

Other parties represented include the 34th Platoon Army Apprentice School Justice Group, the Defence Forces Whistleblowers Protected Disclosure Justice Group, the Defence Forces Lariam Justice Group, the Air Corps Chemical Abuse Survivors Group and the Search and Rescue Group.

Allegations of abuse 

The hearings mark the latest phase of the tribunal, which was established in June 2024 by then Tánaiste and Minister for Defence Micheál Martin following a review into allegations of brutal and “sadistic” abuse.

Those allegations were detailed in the March 2023 Independent Review Group (IRG) Defence Forces report and included allegations of the rape of both male and female soldiers.

The report also found that, while abuse was primarily carried out by male officers, female officers were also implicated. It noted that 88% of female personnel surveyed reported experiencing abuse.

This phase of the inquiry will include testimony, beginning on June 17, from 36 former and serving members of the Defence Forces Apprentice School who attended between 1989 and 1992. The hearings are expected to conclude in mid-July.

Their testimony forms part of evidence gathered from 119 serving and former Defence Forces personnel, as well as 17 individuals involved in handling complaints within the organisation.

Tribute to Apprentice Oliver Mullaney 

No hearings will be held on June 22, the anniversary of the death of Apprentice Oliver Mullaney.

Mr Mullaney, who was from near Leitrim town, was just 20 months into his Defence Forces apprenticeship and was training as a motor mechanic when he died on the evening of June 22, 1991.

At the time, he had been on armed sentry duty at Devoy Barracks and was found dead at approximately 9.15pm after three shots were fired from his semi-automatic service rifle.

He died from bullets discharged from his own weapon.

The Defence Forces treated his death as an accident and launched an internal investigation.