Protected disclosure: Soldier got a text saying Kinahan associates 'want a word with you' 

Gardaí arrested a man and sent a file to the DPP after Army private told his employers workplace issues escalated to bullying, harassment, and threats from a crime gang member

The Army private's protected disclosure states that in 2020 a sergeant clenched his fists and told him 'I’ll deck you' and 'I’ll burst you', and that matters escalated further after that. Stock picture

An army private has submitted a protected disclosure to the Department of Defence and the Defence Forces outlining a series of alleged threats made by a person claiming to have links with the organised crime gang, the Kinahan cartel.

The submission also details a timeline of nearly three years of alleged bullying and harassment by management within the Defence Forces.

The Defence Forces is investigating the claims while gardaí arrested a man in relation to the mobile phone communications with the soldier but the Director of Public Prosecutions (DPP) decided not to proceed.

The soldier at the heart of the case has been on stress leave since May this year.

The dispute between the private and three senior members of the Defence Forces began nearly three years ago, and an informal and formal investigation got underway in 2022.

The private claimed his complaints were not examined “in the context of such other evidence of systemic bullying and harassment”.

He alleged that instead, the managers about whom he complained did not make statements, there were no independent records of the meetings and no stenographer’s notes in the investigation.

The allegations set out in his protected disclosure include:

• He was removed from his position in October 2020 with no explanation; 
• There have been ongoing issues for three years with three managers; 
• The private and his friend received threatening text messages from someone claiming to have links with members of the Kinahan cartel on November 17, 2021; 
• Gardaí arrested a man in connection with the incident in December 2021.

A formal army A7 investigation opened in August 2022 — the majority of the findings were not in the private’s favour.

The private made a protected disclosure in December 2022.

Issues began in 2020 

The issues began on October 5, 2020, when the private was removed from his role and transferred to work in the orderly room by a senior member of the army.

Up until then, the private appeared to enjoy his employment and held two previous lengthy positions in the army. He had also completed five successful overseas trips.

The soldier claimed he had no computing skills, no GDPR training and no login or email facilities for the new post and was deeply unhappy.

He said he was told he would be accepted onto a particular course, and the transfer into the orderly role was temporary.

'Humiliating' work issues

However, issues later developed with senior managers and the soldier said he found the experience “humiliating” and that he was given “no meaningful work". 

On October 30, 2020, he was informed he had not been selected for the course for which he had applied.

The reason given was that he was “too junior”. However, he told his superiors he was more experienced than the successful applicants.

On November 27, he provided a medical certificate citing work-related stress caused by “deteriorating working conditions”.

On December 18, 2020, the private was suspected of having Covid-19, but claimed he was ordered by one of the managers with whom he was having issues to attend for duty.

When he arrived in work, he alleged he was ordered by the same manager to return to his car.

'I'll deck you' 

His statement said he went to use the lavatory and was followed by the sergeant who kicked on the door shouting: “Get out of the barracks, you are sick”, before clenching his fists and telling him “I’ll deck you” and “I’ll burst you". He described the incident in his statement as “irrational and frightening.”

There were further claims of being detailed to work over Christmas, on two dates, rather than one — which he described as “unusual”.

In May 2021, the private re-applied for a place on the same course and was unsuccessful again.

On May 26, 2021, he had a meeting with two of the senior officers he was having issues with, where they claimed he was refusing to do his job.

On the July 9, 2021, he said was anxious and not sleeping. His doctor recommended 28 days off work.

His disclosure alleges that two senior army personnel invalidated this medical certificate.

An informal investigation was conducted in the summer of 2021.

The private said the investigator was initially sympathetic, but later said “put on your uniform and get back to work or you’ll be charged". Another senior member of staff proposed a transfer out of the unit and mediation — but the private declined as he wanted his original position back.

'Threatening texts and calls'

He said that, on November 17, 2021, he received threats via text message and phone calls.

The text messages asked him to call two gangland figures, saying they “want a word with you”.

The message included details of his profession, name, address, and car registration and asked him to ring a Kinahan cartel associate saying he “wants you to call this number, asap it’s important.”

The person sending the messages also called the private’s friend and said the private was to leave one of his superiors alone. He also verbally accused the private of harassment. The friend’s partner was present and overheard this phone call.

Statement to gardaí

The private made a statement in December 2021 and gardaí later arrested a man, and sent a file to the Director of Public Prosecutions. No charges were brought by the DPP and the soldier has appealed that decision.

He made a formal complaint through the official A7 system in the army in 2022.

The issues were investigated internally but the private said he felt let down by the process.

• The findings concluded that his transfer to the orderly room was not discrimination or harassment and there was no evidence of any “hostile working environment”; 
• The lack of success of his application for the course competition was down to discretion, it found; 
• In relation to the issue of “work-related stress” the investigator found that this “does not relate to bullying”.

The private was accused of showing “aggression” in relation to the incident in the lavatory with the Sergeant.

Accusations against the private

The superiors referenced in the private’s statement denied the claims and stated that they were being harassed, claiming that he had put nails under one of their cars.

The private was also accused of being the instigator of the tension between them. He denies all the claims.

He gave a detailed statement to the Defence Forces in December 2022, which was accepted by the Department of Defence in April this year.

The soldier has not been in work since early 2023 and is now on stress leave and waiting to be assessed by a psychiatrist in the army.

In a statement, the Department of Defence told the Irish Examiner: “The [Protected Disclosures Act 2014] sets out strict criteria for preserving the confidentiality of those who provide relevant information of relevant wrongdoings.

“Members of the Defence Forces who experience any form of bullying and harassment have access to both internal complaints procedures, as well as the independent Ombudsman for the Defence Forces, the Military Police, and An Garda Síochána.”

The Defence Forces told the Irish Examiner: “Members of our organisation have the right to be treated with dignity and respect in the workplace and we are committed to ensuring that all personnel are provided with a safe and positive working environment.

“Óglaigh na hÉireann commends the bravery of all personnel who come forward and recount their negative experiences. As an organisation, all incidents of inappropriate behaviour are treated with the utmost seriousness.”

In a statement, gardaí said: “A report in late 2021, of an alleged threatening phone call was investigated by An Garda Síochána with a file being sent to the Office of the Director of Public Prosecutions (DPP). The office of the DPP directed no prosecution in this investigation.