THE WIDOW and family of a young Irish soldier, who died with two others when a landmine exploded beside their truck in south Lebanon more than 20 years ago, has secured €300,000 damages in settlement of their High Court action against the State.
Gráinne Armstrong, Oakfield Crescent, Sligo, had, on behalf of herself and family, sued the State and Minister for Defence arising from the death of her husband, Pte Mannix Armstrong, on March 21st, 1989. Pte Thomas Walsh and Cpl Fintan Heneghan also died in the incident.
The settlement was made without admission of liability and approved yesterday by Ms Justice Mary Irvine.
Patricia Dillon SC, for Ms Armstrong, said her client’s husband was a member of the United Nations peacekeeping forces (Unifil) serving in Lebanon at the time of the explosion. He was required to operate in a Unifil truck in an area where there was an ever-present danger of landmines and other obstacles.
It was claimed the State defendants had a duty to take all reasonable precautions for the safety of Pte Armstrong while he was engaged in his duties.
It was claimed the defendants failed to monitor or search for landmines ahead of the truck and failed to equip it with any device for remote-sensing of mines.
It was also alleged the defendants failed to instruct or warn Pte Armstrong and the commander of the patrol that no mine search had been made on the route of the truck before the incident.
The court was told that a UN board of inquiry had found there was no negligence and the landmine involved had been laid the previous night.
The Minister for Defence had authorised a separate inquiry for some time in the future, it was stated.
Ms Dillon said, if the case had gone to a full hearing, there would be certain evidential difficulties. The event had happened in a theatre of war in which there was extensive use of landmines.
The plaintiff’s case was that the truck went down the same road every day and it became a “sitting target”. There was also a view in South Lebanon that the Irish had been involved in some form of collusion and retaliation should have been expected, Ms Dillon said.
Ms Justice Mary Irvine said that in a wartime situation, it was a difficult case and she believed the offer that was made simply could not be turned down.
These were very “hard, sad cases” and she had no difficulty in approving the settlement.