Tribunal barrister accuses Defence Forces of 'cover up' 

Damien Traynor's parents Patrick and Mary are among those giving evidence at the tribunal. Picture: Neil Michael

A Defence Forces Tribunal barrister has accused the Defence Forces of a “cover up” in its handling of an investigation into mistreatment of a recruit by a senior officer.

Aedan McGovern, senior counsel, said the ​1991 investigation in​to the ​alleged mistreatment of Damien Traynor — which led to him suffering a nervous breakdown — was handled so badly that he could only conclude that “the entire thing was a cover up”.

His assertion was made to retired Defence Forces officer Thomas O’Keeffe who had been tasked in May 1991 by senior officers with looking into allegations made against an officer known as 2LTB​ at the Army Apprentice School in Devoy Barracks, Naas.

This was despite the fact that he didn’t have any interviewing skills, had never taken written statements before and had — he admitted — “limited experience of military law”.

The officer he helped investigate, who cannot be named for legal reasons, is alleged to have kicked Mr Traynor in the ribs while he was doing press ups.

Another allegation Mr O’Keeffe​ had been tasked with looking into was that 2LTB repeatedly assaulted and screamed at Mr Traynor while trying to get him to sign his own army discharge papers.

Mr Traynor alleges he ended up suffering a complete nervous breakdown and ransacked a pool room at the apprentice school​ in May 1991.

The officer 2LTB is also alleged to have ordered another recruit, Oliver Mullaney, to dance with and kiss male recruits — just two days before he killed himself on June 22, 1991.

He is also the officer alleged to have ordered another recruit to eat cigarette butts after he caught him smoking in his dormitory.

​However, despite all the allegations against 2LTB, one of Mr O'Keeffe's superior officers recommended after the investigation into his conduct was concluded that "if he were to be punished, discipline at the Army Apprentice School would be badly undermined".

This was, said the superior officer, because ​2​LTB was an "excellent officer"​.

When the claim that there was a cover up was put to Mr O’Keeffe, he said: “I reject that.” 

Asked by tribunal chair Ms Justice Ann Power if he felt any concern for the safety of recruits — some of whom were aged just 16 and referred to by her as “minors” — Mr O’Keeffe replied: “I would have had concerns. Yes.”

​Asked if he raised any concerns with ​h​is superior officer, he said he didn’t​ because he believed that the allegations “were passed up along the line” of command​.

The tribunal also heard 2LTB applied to be transferred from the Army Apprentice School.

In a letter to superiors​ sent six days after Mr Mullaney killed himself, he said: “I have spent two years in the AAS ​[Army Apprentice School] and I feel it is time to move on. I think it may contribute to the betterment of my career.

“Due to past incidents I have become a victim of a dangerous slur campaign being waged by persons unknown.

“I realise my request comes rather soon after the recent tragic end of Apprentice Mullaney in barracks.

“I wish to disassociate myself from any involvement in the incident. I do not wish to be made a sort of scapegoat.”

He also asked for the transfer to be delayed until August.

After referencing in his letter the need for more staff in the school due to the “high” workload, he said he did not want his career to be “blotted by a situation that could have been rectified”.

Of his commanding officers, he said "I hope they do not feel I let them down.” 

He added that although he had “made mistakes”, he said he had “tried to be the best officer I can be”.