Army recruit charged with false imprisonment and assault of another in Limerick barracks

Private Philip McCarthy pleaded not guilty to 12 charges arising out of the incident which allegedly took place at Sarsfield Barracks

Private McCarthy is alleged to have aggressively confronted another recruit over his performance during recruit training. File photo

An Army recruit has appeared before a court-martial in Dublin in relation to an incident in which he is accused of a series of assaults on a fellow recruit at a military barracks last year.

Private Philip McCarthy, who is attached to the 12th Infantry Battalion, pleaded not guilty to a total of 12 charges arising out of the incident which allegedly took place at Sarsfield Barracks in Limerick on July 18, 2021.

The alleged offences took place at around 9.30pm in the recruits’ accommodation block at the barracks where Private McCarthy is alleged to have aggressively confronted another recruit, Private Jack Canty, over his (Canty’s) performance during recruit training.

At an arraignment hearing at McKee Barracks in Dublin on Monday, the accused pleaded not guilty to a charge of false imprisonment of Private Canty during the incident. Private McCarthy also denied two counts of assault causing harm and two separate accounts of assault on Private Canty on the same occasion.

The court-martial heard that Private McCarthy is accused of causing abrasions to the other soldier’s body after holding him by the neck and striking him in the rib cage. It is also alleged the recruit held his fellow recruit in a headlock and forced him to the ground during the incident.

Private McCarthy also pleaded not guilty to a charge of conduct to the prejudice of good order and discipline contrary to Section 168 of the Defence Act 1954 by engaging in a threatening manner.

The charge relates to the alleged comment made by the accused to Private Canty that “you’re either leaving in the morning or leaving with broken ribs.” Private McCarthy pleaded not guilty to another Section 168 offence which relates to the charge that he with others engaged in a confrontation with Private Canty.

In addition, he pleaded not guilty to five alternative charges to those relating to false imprisonment and assault which were brought as Section 168 offences.

Legal aid application

The arraignment hearing was dominated by legal argument over whether the defence should have a senior counsel appointed in addition to a junior counsel and solicitor as part of a grant of free legal aid for Private McCarthy.

The court-martial heard that Private McCarthy had completed his recruit training at the time of the alleged offences and was due to pass out on August 25 last year.

Counsel for Private McCarthy, Gerard Humphreys SC, said his client and two other recruits had initiated High Court proceedings after they were informed by their training officer on August 20 last year that they would not be allowed to pass out.

Mr Humphreys said they were seeking the appointment of free legal aid for a senior counsel as the offences could have “life-altering consequences for the recruit”, while he claimed the case was “more complex” because of Private McCarthy’s status.

The court-martial heard the High Court has still to issue a ruling in a judicial review sought by the three men over the decision not to allow them to graduate from training as a result of the alleged assault and intimidation of a fellow recruit.

Representing the Director of Military Prosecutions (DMP), Commandant Noel Conway rejected suggestions by Mr Humphreys that there had been defects and delays in bringing the prosecution.

“It is a legal aid application, not a free-for-all,” he remarked.

Comdt Conway said the DMP opposed the application for free legal aid for a senior counsel as there were no exceptional circumstances to the case to warrant such a decision.

The Military Judge, Colonel Michael Campion, said the accused had met the threshold for basic free legal aid based on the fact that his sole means was as an Army recruit. However, the judge said he would give his ruling on whether to allow for a senior counsel under the same scheme at a future date.

Col Campion fixed Private McCarthy’s trial for June 15. The court-martial heard the trial will hear from over a dozen witnesses and is expected to last five days.