Army man claims he was never ordered not to go to NCO club in Lebanon

An Army commandant stationed in Lebanon was told by a fellow officer that he was "not an NCO now" and that he belonged in the…

An Army commandant stationed in Lebanon was told by a fellow officer that he was "not an NCO now" and that he belonged in the officers' mess rather than the club run by NCOs and privates, a court martial was told yesterday.

Comdt Tony Byrne is charged with disobeying a lawful order from a superior officer that he should not go to the Setanta Club in Tibnin last St Patrick's Day. He is pleading not guilty.

The former Minister for Defence, Mr Sean Barrett, told the court martial he was unaware of any problem during his visit to Lebanon. He had no cause for concern on any matter and his wife had none. He was unaware of any complaint. Mr Barrett was giving evidence for the defence.

Comdt Byrne told the court martial he was responsible for providing the food and drink on the day in question. He arranged for a lunch buffet to be provided for about 350 people, including 120 local people. He did not drink any of the wine, but in the afternoon drank four or five bottles of local beer in the officers' mess. On his way to check that the barbecue was being prepared he met Chief Petty Officer Donoghue who invited him and his colleague, Capt Kidney, to the Setanta Club later. He accepted the invitation.

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He then had a sauna and shower, and attended the Mass arranged for about 6 p.m., followed by the barbecue. During the barbecue he sat beside Mrs Barrett, with whom he discussed the cost of educating children.

The ministerial party left, and about 15 minutes later he rose to go. "I was going to go to my room and possibly make a phone call home. I was surprised to find Comdt [Conor] Fitzsimons blocking the doorway.

"He said, `Where are you going?' I am not going to use the words, but there was a lot of bad language used," he said.

"Comdt Fitzsimons said, `You're an officer now. You're not an NCO. This is where you belong, in the officers' mess.' I said, `How do you know where I'm going?' He said, `You're not going down to the Setanta Club'."

He said that in his opinion Comdt Fitzsimons was in an agitated state. "I was aware that he had more drink taken than would be usual for him."

He told Mr Neal McDonald BL, defending, that at no stage did Comdt Fitzsimons mention that this was an order. Nor did he say anything about the ministerial visit.

He said he left the officers' mess at around 10 p.m., went to his room and changed his uniform and then went to the Setanta Club, arriving about 10.30 p.m. As he arrived the bar was being closed, and CPO Donoghue approached him and offered him a bottle of beer from a crate. He joined a group from the 3rd Battalion and did not see the minister or the commanding officer, Lieut Col Patrick O'Sullivan. He did see the CO in the officers' mess later.

He denied having any conversation with Lieut Col O'Sullivan in the Setanta Club.

He said the first time he was aware that charges were being laid was when he read about it in the Sunday Independent on May 4th. On March 19th the CO had told him he proposed to have him charged, but, despite four attempts, he never succeeded in clarifying what the charges were. He learned officially what they were on July 27th.

Cross-examined by Comdt Michael Sheehan, prosecuting, he agreed that his position was that he never got an order not to go to the Setanta Club that day.

A number of witnesses gave evidence that Comdt Byrne arrived in the Setanta Club at about 10.30 p.m.. They did not see the accused talking to Lieut Col O'Sullivan.

The court martial is expected to conclude today.