Sailor guilty of disclosing Naval ship's location

A NAVAL Service sailor will be sentenced this morning for disclosing the whereabouts of his vessel to his girlfriend by text.

Charges of possession of cocaine and conspiracy to aid in the importation of drugs into Ireland were dropped against Able Seaman Eoin Gray (24) after he changed his plea during his court martial yesterday at McKee Barracks in Dublin.

Able Seaman Gray was arraigned on five charges. Two were related to the unauthorised disclosure of the operation of State ships, contrary to section 168 (1) of the 1954 Defence Act.

It is seen as conduct which is prejudicial to good order and discipline.

A third charge was in relation to section 21 of the Misuse of Drugs Act in relation to a charge of conspiracy to aid people with the illegal importation of drugs, and a fourth under section 3 of the Misuse of Drugs Act (1977) of the unlawful possession of cocaine at an unknown address.

He also faced an extra charge of being in possession of eight counterfeit hair straighteners at Lower Glanmire Road, Cork, on December 15th, 2008, an offence which was also considered prejudicial to good order and discipline under military law.

Having pleaded not guilty in the morning to all five charges, Able Seaman Gray pleaded guilty in the afternoon to a single charge of knowingly and without due authority disclosing information to a third party about the operation of State ships at sea.

Outlining the case, military prosecutor Comdt Patrick Burke said Able Seaman Gray had on several occasions contacted a friend in the Fisheries Monitoring Centre about the status and location of his ship the LE Orla and whether or not it would be on standby duty.

He wished to do so to see if he would be free for the weekend and texted his girlfriend accordingly, Comdt Burke told the military judge, Col Anthony McCourt.

On the recommendation of the judge, the five-member jury, composed of four officers and one non-commissioned officer, found Able Seaman Gray guilty on one charge and not guilty on four charges.

A Naval Service administration officer, Lieut Cdr Colm McGinley, said Able Seaman Gray had been accepted as a Naval cadet in June 2006 for five years of service in the Permanent Defence Forces.

He was fined €50 and 14 days were stopped from his shore leave when he went absent without leave in May 2007.

He had been neither promoted nor demoted and was on a salary of €70.26 a day, a weekly allowance of €115.43 and Naval pay of €19.32 a week.

The court was also told that Able Seaman Gray had a two-year-old daughter.

The case was adjourned until this morning to allow pleas of mitigation before sentencing.

Courts martial: how they work

THE IDEA of the military being subject to a different court system to civil society goes back to Roman times.

Since then it has been the norm everywhere to try military personnel in military courts, reflecting the fact that defence force discipline is stricter than civilian law.

Military law in Ireland is enshrined under article 38.4.1 of the Constitution. The main statutes are the 1954 Defence Act and the Defence (Amendment) Act 2007, which completely overhauled military law to comply with the European Convention on Human Rights.

Military judges are appointed by the president. Col Anthony McCourt, who was appointed in 2007, is the only one serving at present.

Those accused at a court martial may be represented by a civilian lawyer, but the prosecutor is usually a commissioned officer of the Permanent Defence Forces who is also a qualified lawyer.

The director of military prosecutions appoints the prosecutor.

Courts martial are open to the general public.