The Court of Criminal Appeal has upheld the discharge of a telegraphist in the Naval Service after he was found smoking cannabis while aboard a naval vessel.
After a court martial hearing, Mr Rory Hackett (25), who was attached to the naval service at Haulbowline, in Co Cork, was sentenced to be discharged from the force last February. He had been found smoking cannabis in the engineer's store room at night.
Moving Mr Hackett's appeal against that decision yesterday, Mr John Devlin argued the sentence was disproportionate and excessive. The offence was possession of cannabis and Mr Hackett had admitted his guilt at at early stage, counsel said.
Mr Hackett had no previous convictions and was an exemplary character, he said. His family circumstances were quite dysfunctional and tragic but Mr Hackett was the glue that kept the family together, counsel added.
Mr Hackett loved working in the Naval Service and had a number of years' service, Mr Devlin said. His commanding officer had stated he was of exemplary character and the Naval Service needed him. In those circumstances the sentence was excessive and disproportionate. A fine of €500 could have been imposed or he could have been reprimanded instead.
Opposing the appeal, Mr Feargal Foley, for the Defence Forces, told the court that alcohol was not allowed at sea and that applied to all ranks. Cannabis was also an illegal drug.
Mr Justice Murray, presiding, and sitting with Mr Justice de Valera and Mr Justice Herbert, said that while there were many mitigating factors, the court would disallow the appeal. The offence had tragic and regrettable consequences for the appellant, who had lost his career.
The judge said the Naval Service was a disciplined force and had to have strict rules and requirements concerning illicit drugs.
There had been warnings issued to members of the Naval Service that they would be subject to random drug tests. Mr Hackett was aware of that and of the fact that offences had very serious consequences.
Unfortunately, he had to pay the penalty.