AN Army Air Corps sergeant claimed in the High Court yesterday that his reputation and integrity suffered because of a company director's remarks that he was on a "backhander" from a supplier of aircraft parts.
Sgt Colm Cullinan (41), of Jigginstown, Co Kildare, has brought an action for defamation against Mr Nicholas Fitzpatrick, of Cabinteely, Co Dublin, and Artron Electronics Ltd with registered offices at Ballinteer Road, Co Dublin.
Mr Padraig MacCartan SC, for Sgt Cullinan, said his client's job at Baldonnel, Co Dublin, was procuring and supplying parts for aircraft. Mr Fitzpatrick was a director of Artron, supplier of aircraft parts.
In his statement of claim, Sgt Cullinan alleged that on June 16th, 1992, Mr Fitzpatrick told Flight Sgt Anthony Maher he had a problem with Sgt Cullinan and was "pissed off" with him and that Sgt Cullinan was on a "backhander" from West Coast Aviation, another supplier operating out of Shannon Airport.
It is also alleged that Mr Fitzpatrick said to Sgt Maher that he would speak to Sgt Cullinan's bosses and have him moved, and that his senior officer, Comdt Croke, would not be unhappy if he were moved.
Mr Fitzpatrick is alleged to have said to Comdt Croke that Sgt Cullinan had to be on the take; he [Mr Fitpatrick] would have him moved and that Sgt Cullinan had to be on the fiddle as he was getting backhanders from West Coast Aviation.
Sgt Cullinan claimed the natural and ordinary meaning of the words was that he had committed a criminal offence and accepted bribes and that as a result his reputation and integrity had been seriously injured.
Mr Fitzpatrick and Arton Electronics in their defence stated that for the "purposes of the proceedings they admit liability in respect of the words but denied Sgt Cullinan was injured in his character or reputation. They denied they had power to influence or affect Sgt Cullinan's career.
Sgt Cullinan in evidence said he dealt with 40 to 50 suppliers seeking parts for Gulf Stream aircraft, helicopters and Casa maritime protection aircraft. His job was to get parts as speedily as possible, and the second matter would be price. He would initiate the request, and Comdt Crowe would approve it. He would seek three quotes if possible.
During 1986 and 1992 he did business with Atron and Mr Fitzpatrick, who had the agency for Casa aircraft and in April 1992 became the agent for helicopters. Out of about 280 orders in a year there were 11 Mr Fitzpatrick did not get, and the reasons were price differential and time of delivery.
Before June 16th, 1992, he had sought price and availability of parts for a Dauphine helicopter, and it came down to Atron and a company called McAlpine. Prices were the same, but McAlpine promised delivery in 48 hours.
He spoke to Mr Fitzpatrick at Baldonnel and asked if he could improve on delivery time. Mr Fitzpatrick became aggressive and left, and the next he (Sgt Cullinan) heard was from Flight Sgt Maher who said Mr Fitzpatrick had made allegations about Sgt Cullinan.
Sgt Cullinan said he was very upset because there was no truth in the claim that he received backhanders. Two days later he was called before Comdt Croke. It was devastating, he said, that it had come to this, but he was glad it was out in the open and he told Comdt Crowe there was no truth in the allegations.
On Friday, November 13th, 1992, he was told by Comdt Crowe he would be on repair work from the following Monday, which led him to believe senior Army personnel had believed the allegations. He sought an explanation but received none and on November 19th was instructed to return to his old job.
The hearing continues on Tuesday.