Soldier claiming trauma from Lebanon has case dismissed

The High Court has dismissed an action for damages by a soldier who was about 18 years old when he saw an Israeli soldier blown…

The High Court has dismissed an action for damages by a soldier who was about 18 years old when he saw an Israeli soldier blown up by a landmine in Lebanon.

The case was brought against the Attorney General and Minister for Defence by Cpl Francis Corbett (32) who claimed he suffered post-traumatic stress disorder resulting from his experiences in Lebanon.

Cpl Corbett, of Harrington Square, Cork, joined the Army in January 1990, and went to Lebanon on April 15th, 1991, some weeks before his 18th birthday.

He claimed he was seriously affected by an incident in 1991 in which an Israeli mine sweeper was killed.

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Evidence was also given about another incident in which Cpl Corbett had allegedly seen a UN helicopter crash near a command post where he was based. It was alleged he saw the bodies of three of the aircraft's passengers.

The defence had denied negligence and pleaded that Cpl Corbett failed to notify them of, or complain about, any symptoms of post-traumatic stress disorder. They also claim he failed to seek medical assistance.

It was argued Cpl Corbett had volunteered and returned to Lebanon for four periods between 1991 and 1998, and had failed to complain of any symptoms.

Dismissing the claim yesterday, Mr Justice Eamon de Valera said he was satisfied that the military authorities in this case were aware of the significance of stress and stress-related complaints. He was also satisfied that in the period 1990 to 1998 stress and the identifiable treatment of it was recognised as an important feature.

He said he was satisfied that the plaintiff did not see the helicopter crash. Cpl Corbett's evidence was at times contradictory, confused and included inaccuracies.

He did not accept Cpl Corbett's contention that the treatment he received after the incidents was inappropriate.