Army officer threatened to kill colleague during 'mass brawl' in barracks mess, court martial hears
The sitting of a military court at McKee Barracks in Dublin on Tuesday heard evidence that one soldier suffered a bleeding mouth after being punched in the face by three other officers, while a picture of President Michael D Higgins was smashed during events which left the mess looking like it had been 'ransacked'. Picture: Gareth Chaney/Collins
An army officer threatened to kill a colleague with his gun towards the end of what was described as “a mass brawl” and “complete fracas” at an army barracks, a court martial has heard.
Company Sergeant Uel Fisher has gone on trial accused of threatening to kill Corporal Owen McLoughlin between November 14 and November 15, 2017, in the NCO’s mess at Finner Camp, Ballyshannon, Co Donegal, where a Christmas party was being held.
The sitting of a military court at McKee Barracks in Dublin on Tuesday heard evidence that one soldier suffered a bleeding mouth after being punched in the face by three other officers, while a picture of President Michael D Higgins was smashed during events which left the mess looking like it had been “ransacked”.
CS Fisher, a married father of three with a 37-year career in the Defence Forces, pleaded not guilty to five separate charges including one that he allegedly said to Corp McLoughlin: “I will kill you. I will get my gun and I will f**king shoot you.”
He also pleaded not guilty to an alternate charge of conduct prejudicial to good order and discipline contrary to Section 168 of the Defence Act.
The NCO, who is attached to the 28th Infantry Battalion based at Finner Camp, denied a separate Section 168 charge of stating to Corp McLoughlin: “I knew your father. He was a gentleman but you are a little prick" or similar words.
CS Fisher also pleaded not guilty to two charges of being drunk and throwing pint glasses.
In evidence, Corp McLoughlin described a series of altercations between different soldiers in the NCO’s mess after attempts were made to shut the bar.
The witness said the atmosphere had been good up to that point as people had been watching the Irish soccer team on TV and taking part in a karaoke session.
He said a struggle between two officers took place after one soldier tried to prevent the bar being closed and then tried to take the other’s drink.
Corp McLoughlin said he intervened and brought an injured colleague outside before he returned to the mess to clear up broken glasses and bottles.
He said at that stage there was an argument involving the accused with another officer claiming that CS Fisher and another soldier were the reason why people did not go to the mess because they were “always trouble”.
Corp McLoughlin said two pint glasses were then thrown by CS Fisher, which almost hit him in the head.
When confronted, he claimed CS Fisher said he was just “lobbying them into the corner” and continued to throw glasses despite being told he was engaging in “idiotic behaviour”.
Corp McLoughlin said it was at this point that CS Fisher called him “a little c**t” but remarked that his father was “a gentleman”.
The witness — whose father, Corporal Dermot McLoughlin, was killed by Israeli gunfire while on UN peacekeeping duties in Lebanon in 1987 — said he challenged CS Fisher about those remarks as he did not believe he knew his father well.
He said CS Fisher then ran towards him saying he was “going to f**king kill me”.
While CS Fisher was being restrained by another soldier, Corp McLoughlin said the accused threatened to go back to his house to get a gun “to blow my f**king head off”.
Corp McLoughlin told the solicitor for the Director of Military Prosecutions, Lieutenant Colonel Shane Keogh, that he felt a threat was being made to his life.
He also felt angry and had never heard anyone in the Defence Forces make such a threat during his army career.
Asked about his relationship with the accused, Corp McLoughlin said there had never been any previous issue during their working relationship.
“I thought we got on OK,” he said.
Under cross-examination by counsel for CS Fisher, Gerard Humphreys SC, he denied having a selective memory of events at which he claimed there was “a lot of people roaring and shouting”.
Corp McLoughlin said he had “definitely got it wrong” about intervening in a row, adding he should have got up and walked out as he had been “harassed” since the incident.
He agreed with Mr Humphreys he had met CS Fisher later that morning in the mess where the accused apologised for what had happened.
However, Corp McLoughlin denied they had shaken hands as claimed by CS Fisher.
The summary trial before military judge, Colonel Michael Campion, heard that Corp McLoughlin refused to give a statement to military police about the incident unless he was given an assurance about his personal safety.
It also heard his mother had called Finner Camp the following day because her son’s partner was frightened by the threat, although Corp McLoughlin said he had not told his mother about the incident.
He told the court he was subsequently told he could take a day’s leave anytime the accused was on duty with a weapon.
Corp McLoughlin said he was certified sick for several months after the incident for work-related stress and anxiety due to concern about his personal safety.
He said he was told by a commanding officer that C Fisher posed no threat to him but that the officer could not explain how a risk assessment had been carried out.
He denied making offending remarks about CS Fisher’s religion or his family as well as threatening to take the accused “to the cleaners” so he would never have to work another day in his life again.
Corp McLoughlin agreed with Mr Humphreys he had initiated a personal injury case against a number of parties, including CS Fisher, but that proceedings had later been abandoned.
The trial heard gardaí had taken CS Fisher’s shooting guns away from him before they were returned a year later.
Corp McLoughlin said he was informed by gardaí in early 2018 that their investigation was closed as they had received legal advice that the military authorities had jurisdiction over the case.
The trial, which is expected to last four days, continues on Wednesday.
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