PATRIOTIC GORE?

PATRIOTIC GORE?
Athlone Barracks Co. Westmeath. Irl.

Wednesday, March 5, 2008

NUIG Law Society Talk! '08

A mhaithe is a mhor uaisle, fáilte róimh uilig chuig an crinniu seo anocht. Is mise Dónal de Róiste nó Dónal Roche mas mian libh agus tá an-áthas orm bheith I bhur measc. Is mór an onór é domhsa agus dom clann bheith anseo in Ollscoil na Gaillmhe le daoine comh galanta ! Good evening ladies and gentlemen my name is Donal de Róiste and I am here to speak about my life and my long struggle to clear my name. I would like to thank Mr. David O’Leary and the staff of the Law Society for inviting me. Justice can never be done to anyone until the injustices perpetrated against them are recognized as such! I agreed with Mr. Mansergh T.D. when he observed that “Many stern moralists become great pragmatists, when confronted with allegations of misbehaviour by the security forces”. I suppose by now this could be termed an opposition mantra. Non sub homine sed sub Deo et lege – that is to say the that the rule of law is intended as an attempt to subordinate human power to some external restraint – all the horrors that happened in Nazi Germany were legal after all! In a Democracy every citizen’s good name is worth defending and not just the powerful - Legal, Political and general interest!

In 1969 I was a young Army lieutenant with 6 years blemish free service. While attending to my duties, I was suddenly, without warning placed under armed arrest, locked up, interrogated and finally forcibly retired by President Eamonn de Valera. He had to use a rarely invoked clause in the Defence Act that gave him the power to retire any officer “in the interests of the service”. There was no charge, no trial, nothing! For the past 40 years, all my attempts at clearing my name have been blocked by the state. In seeking Justice I have questioned authority and think it is a healthy thing in a democracy. As you know Justice does not pre-exist the case in hand, it is whatever result fair/just procedures have led to! If the legal process had been adhered to in my case, the outcome would have been just. I have got no relief to date, despite a High Court ruling in my favour in 2005. The judge found that I did not get “FAIR PROCEDURES”!

Pause
Please imagine that the President of your country suddenly destroys your chosen career, how devastating that would be to you? Without warning your livelihood is forcibly taken away and you are given no opportunity to defend yourself! Fired, for no reason, without mercy, with no avenue of redress? One day you are a contented person progressing in your chosen career and the next day you are finished. This is what was done to me on 27th June 1969. I’m sure you must realise how debilitating and frightening such an experience is? Mr. Alan Shatter T.D. in the Dáil 1998 called it Kafkaesque! (The Trial) Bernard Allen T.D. described my treatment by the army as lower than a kangaroo court. I suffered public humiliation at the time; my good name was destroyed being published in the Government publication, Iris Oifigúil, my character assassinated, and my relationship with friends and family ruined. Worse still a 6-year gap was created in my C.V. thus setting my educational achievements to nought and ensuring that I was made permanently unemployable? Overnight I became a pariah to former friends and colleagues who when they saw me in the street crossed over rather than greet me or look me in the eye. Following this brutal treatment and change of fortune I was very traumatised and suffered nightmares and flashbacks of my arrest and interrogation which have lasted for years. All of my support systems had been suddenly destroyed! I was threatened and called a traitor by former comrades and finally forced to emigrate to find work trying to get on with my life.
As you picture that terrible scene, just think how totally surprising, shocking and painful it was for me to have this long ago disgrace anonymously leaked to the media 30 years after the event. This was done in order to destroy, not me this time, but my youngest sister Adi Roche’s presidential bid of 1997.

Pres. not retroactive.
Of course with the sudden sneak attack and public exposure of my past, all of my suppressed terrors came back as I was relentlessly pursued by media frenzy. They door stepped me and turned up at my workplace asking colleagues what it felt like to be working with a terrorist.
The power to forcefully retire an officer has been used very rarely as you would expect and only 3 officers have been so retired since 1966. You have before you the only person in the history of the army to be fired by a President without reason whose retirement was used in a presidential election over 30 years later, to benefit the party under whose regime that retirement was originally organised.

Good name / Mum
Being young I did not realize how important one’s good name is. Like all ephemeral things - one does not miss them until they are gone. My late mother was fond of quoting Othello:
“Who steals my purse steals trash;
‘tis something, nothing, ‘twas mine, ‘tis his, and has been slave to thousands.
But he that filches from me my good name,
Robs me of that which not enriches him and makes me poor indeed.”
After all, if you don’t have your good name than what do you have?

Cadet school
Let me now explain what it is like to have the state set its face against you! With the Fianna Fail republican tradition in my family it was no surprise that, as a teenager I wished to join our national army. In order to prepare myself at 16, I volunteered for the cadre of the defence forces known as the FCA in Clonmel. With my honours Leaving Cert. my commanding officer (Comdt. Mulligan) recommended that I apply for an army cadetship. From over 1000 applicants tested and interviewed I was chosen as one of the 55 members of the 38th cadet class in 1963. Needless to say I was thrilled!

Military training
I enjoyed my military training and have benefited throughout my life from the lessons I learned. The Military College at the Curragh runs internationally respected training courses for soldiers. It is modelled on WestPoint, Sandhurst and other such war colleges. Tough but fair they told us, - we learned later that it could be ruthless also! Of the original intake of 55, only 33 cadets in my class were commissioned. That was 50% attrition. My family proudly attended the ceremony in the Curragh. In time I was promoted to Lt. and saw service in the Signal Corp, Artillery Corps, Air Corps and finally was stationed in the Supply and Transport Corps in Custume Barracks Athlone.




The Irish Scene - Ballads O’D’s fun etc.
The 60’s as they say came late to Ireland but there was an entertainment phenomenon in the pubs, called the Ballad boom. It was led by Tommy Makem, The Clancy Bros. and others. I enjoyed my off duty time having the occasional pint with my comrades in these various venues. If no one else performed we would take out our tin whistles and guitars and play ourselves. In light of what was to happen, I subsequently learned that the Army top brass frowned on our mixing with ‘civvies’ - as non-military people were disparagingly referred to. I am told that even today jeans are taboo in the officer’s mess. One of my ‘faults’ duly noted in my files, “was associating with University Types and bohemians!” These general staff officers had a particular disdain for O’Donoghue’s Pub in Merrion Row Dublin, birthplace of The Dubliners. It was demolished some years ago after a fire and rebuilt. It is still a venue for tourists and as noisy now as then but not so smoky a place.

Auction
In early April 1969 I was sent to Dublin to help organise the sale of old military vehicles. These were mostly used junk land rovers, Willies jeeps, gun towers, staff cars, motorbikes etc. to be sold by public auction in Clancy Barracks, Islandbridge. I performed my duty as required, and afterwards it was publicized as the most successful military auction to date. Everybody was delighted. On returning back to base the following day, I was without warning or caution placed under armed arrest, ordered into a staff car and driven back to Dublin in what turned out to be my very own ‘longest day’. The arresting officer, Capt. Pat Dixon who knew me, and worked with me remained mostly silent throughout the journey. When I queried what was happening the best he could offer was the old Nuremberg cliché “I don’t know anything I’m just following orders.” Dixon handed me over to military police at Army HQ, Parkgate Street Dublin, Phoenix Park. I was marched up 3 flights of stairs and into a bare room that was then locked. It contained two armless chairs, a table and a single light bulb. 1) I was left on my own to stew for what seemed like an eternity.

Interrogation/Interview
During the next few days I was forcefully interviewed and threatened, for hours on end by mainly one officer but sometimes two. No rest, no food no drink and no toilet breaks! Initially I thought it was some kind of endurance test, like those we were subjected to during Cadet training. When I queried the chief interrogator Comdt. G. O’Sullivan as to what it was all about he replied, 2) “That is for you to tell us Lieutenant” Incidentally he was later promoted to Chief of Staff of the Defence forces. I was frightened and confused! Time seemed to stand still for me. I felt terrified by the threats and his general demeanour. He said that I was guilty of such crimes that suicide might be an available option but preferably later as he glared at the barred window! He told me that in wartime I would be shot by firing squad. He left the room many times, banging the door and locking it leaving a loaded pistol behind him. My family would be disgraced he said. He threatened me with physical violence and also a Court Martial, the worst threat for a soldier! He said my fiancée; whose father was a Garda superintendent in Athlone would disown me. He also said that he had a signed statement from a fellow officer, which would convict me. 3) At times he softened his tone exhorting me to resign my commission (stick) and promising me a good reference if I did so (carrot)!



Effects of Interrogation
Nowadays we are fully aware of interrogation methods or “human resources exploitation” as the CIA refers to it. It is a technique, a learned skill like any other. It is a hot topic currently also, what with our involvement in facilitating the kidnapping referred to as ‘rendition’ at Shannon etc. The torture at Abu Ghraib, those wrongly imprisoned for the Sallins Mail Train robbery, The Kerry babies’ case, the Donegal Gardaí, McBrearty etc. In the 6 Counties the Diplock Courts Guineapigs case, and in England the Guildford 4 and Birmingham 6 and on and on! Who can forget poor, dead Dean Lyons, forced to confess to Gardaí to a double murder he couldn’t have committed. These are examples of how the state uses its power to violate people’s rights and to violate the law. I can vouch from experience that a trained interrogator can break any individual, whether innocent or guilty! Interrogation is designed to make the victim feel more comfortable confessing to the allegations put to them rather than holding out. It has no bearing on the truth.

Power over others/man in uniform
(In the 1960s Dr. Philip Zimbordo built a fake prison in the basement of Stanford University, Palo Alto CA. He wondered if anybody could do what the so-called good Germans did – given the right circumstances. Volunteer ($15 day) students were randomly assigned roles as guards and prisoners. After 6 days he had to stop the experiment because of “the cruelty inflicted by the guards on the prisoners.”) Abuse of power. In 1974 the results of the Stanley Milgram tests in the U.S. were published where student volunteers had been told they were participating in a memory/learning test with others. They could administer shocks to the ‘student/subject’ as punishment for wrong answers. The ‘learner’, - who was a trained actor, in another room cried, wept and begged for mercy. HE even said he had a heart condition. Nonetheless 65% of the volunteers gave shocks him that could kill a person. This is what people would do because a man in uniform told them to.
I would have done anything, said anything, or signed anything in order to get out of that interrogation room!

O’Ds pub
On the second day after my arrest Comdt. O’Sullivan finally told me that the issue was a security matter. It had to do with my visiting O’Donoghue’s pub he said. ! In my confusion at the time I was relieved that the guessing game was finally over. I was always in the company of army comrades while out socialising. 4) My situation now abruptly changed from being interviewed to being interrogated that is he started putting serious allegations to me! Comdt. O’Sullivan alleged that an informant had seen me talking in O’Donoghue’s with a known subversive. He advised me to cooperate and confess what I knew to help clear matters up. I answered truthfully, to the best of my ability. He said that individual was also seen talking to me at the public auction. Keep in mind that part of my auction duties, besides organising the thing, involved liaising with the public! Open lie – “kept informed”.


Annual assessment
Every February the army, like any big organisation compiles annual reports on its officers. There are two possible conclusions, either satisfactory or unsatisfactory. If an officer gets an unsatisfactory report he/she must be informed and given a chance to reply. The fact that all my reports had been satisfactory to date gave me a false sense of security, since my latest assessment had been two months before my arrest. I still held onto the vain hope that this mess could be straightened out.

Solicitors letter
On my release I immediately consulted a Solicitor. I believed that the law was there to protect people from this sort of arbitrary arrest and mistreatment (subordinating human power to some external restraint)! I had refused to sign any statements, and consistently declined O’Sullivan’s offer to resign my commission, despite his promising me good references. The solicitor, as a civilian and a lawyer was shocked at the story I told him! He could not believe that I was not cautioned nor could he understand why the matter was not dealt with in my home station. “What about the chain of command” he asked “How could they just take you from Athlone and bring you to Dublin. Where was your commanding officer? What is the charge?” I told him that I didn’t know as they refused to tell me. He advised me to remain silent and to seek a court martial, in order to clarify matters. I asked permission for him to attend the interrogations but, as I had not been charged, O’Sullivan refused. The Solicitor undertook to write to the army on my behalf, asserting my innocence, protesting the unjust treatment and seeking what charges if any were against me? Which he did! The army ignored the solicitor’s letter. Comdt. O’Sullivan then changed tactics from threatening me with Court Martial to denying me one.

False confession It is what it is.
Much research has been done on the subject of false confessions and innocence. As a matter of fact 26 percent of convictions overturned, as a result of DNA testing were false according to the New York based Innocence Project, which seeks to free people wrongly convicted in the U.S. Some of you may have heard of an Irish Law student who was instrumental in saving a person convicted by confession, from death row in the U.S. last year?
Under severe pressure at the time, I confessed to receiving hubcaps from an old staff car sold at the auction.
Innocent people, under interrogation, will confess because of their belief in the system. Some may even confess in order to get away. They feel they have nothing to hide, and give the interrogator what he/she wands in the hope that things can be straightened out later! Innocent suspects have a naïve but powerful belief that their innocence will protect them. I knew that I had done nothing wrong. I felt a proper investigation or Court Martial would prove this, so I cooperated. I believed in the army, in Justice. A trained interrogator can make someone doubt their own memory. They presume a person is guilty and they can lie to them at will while the victim is locked up and defenceless. Research also shows that 73 percent of false confessions are given after more than six hours of interrogation. I endured days of interrogations including from the Deputy Judge Advocate General Of The Army, Col. Emfi. He of all superior officers in the chain of command should specifically have been protecting my rights. He was the senior legal officer in the Army. I have often wondered since then what would have happened had I walked out on the first day, or chosen a spot on the wall and said nothing. It couldn’t have been any worse than what did in fact happen! Victims often blame themselves, the psychologists tell us and I can vouch for the truth of that conclusion.


Retirement by Col. Byrne
After weeks of bullying and false accusations, I was sent to a new posting in Boyle Co. Roscommon. This involved a pay raise and more responsibility. My military friends and my solicitor concluded that the arrest was all a mistake and the army was tacitly admitting as much. The trouble had blown over and they were saving face so to speak! My new job involved taking charge of an FCA platoon with full equipment, transport, guns and ammunition etc. – Boyle is close to the Border, hardly the place to send a subversive? About a month in my new job, I was summoned back to Athlone. I thought it was for a briefing but on arrival I was marched into a room in front of my commanding officer Col. Harry Byrne. He was flanked by other officers, some armed. Within the Military structure, as my superior officer he too should have been defending me. Instead he handed me a sealed envelope saying, “We both know what is in it. You have 12 hours to vacate your quarters.” He ordered me to open it in his presence but I was unable to comprehend what had happened. I was shaking! I felt psychologically crushed, destroyed, humiliated, and powerless! My career was over without any explanation. And not even the fig leaf of Fair Procedures. My solicitor had got it wrong. As Clemenceau, observed Military justice is to justice what military music is to music!

Banishment/Exile
Thus began for me what amounted to a form of ‘internal exile’. Though never charged, tried or convicted I was being severely punished with no possibility of redress. In Ireland anyone who is charged with a crime is entitled to a defence, the presumption of innocence and due process. I am the exception. Somebody accused by the state of being its enemy deserves special attention, because the state can use all its power to violate their rights and to violate the law. The army is not above the law! A lifelong friend told me at the time; “Dónal you were meant to go away and stay away” like a defrocked priest. An Irish solution to an Irish problem. Sadly my father was so ashamed that he disowned me. He had served in the army emergency, known elsewhere as WW II and his proudest memory was a photo of himself on a guard of honour for then Taoiseach Mr. deValera. He was what was known as a Dev man. (Less said the better) He said. “You want me to believe that the President is wrong and you are right?” as he barred me from my home forever! (I don’t feel too bad now that I heard while Sen. McCain was a P.O.W. in Hanoi his dad ordered the bombing of that unfortunate city during the Vietnam War!) At the time I feared for my life. My uncle, who was in the department of defence told my mother, that the IRA would kill me for being an impostor and he observed, that as they had not I must have been involved. He also said there was a photograph of me on an IRA firing squad at the Barnes - McCormack funeral in Mullingar. When I challenged him, he admitted that had not seen the photo himself but had been told about it by reliable sources. This was another fabrication and one of the many false stories spread about me at the time and since. It was an example of how secret lies and rumours can take on lives of their own. I was told later that all door locks in my former barracks had been changed. Talk about the job filling the time allotted to it! As comedian George Carlin remarked, Military intelligence is the biggest contradiction in the world.




Dad/Passport emigration etc.
For months after these shocking events I had thought it was all a mistake and would be rectified. I assumed I would be reinstated and continue my military career. This nightmare had to end. That is a measure of the depth of shock, denial and depression I was in! No one would hire an ex-officer with “retired by the president, in the interests of the service” on their record certainly not for work commensurate with my skills and education. The state even went to the trouble of putting “Profession deleted officially” on my passport (point). This ensured that I was stopped and questioned regularly. As a security issue my retirement had overtones of terrorism and subversion attached to it. I had to emigrate in order to try to find work. First I went to London. It was a dangerous time to be Irish in England. I was harassed and threatened by Irish special branch and held overnight by the English Special Branch in Holyhead. Later I emigrated to the US and after 15 years living there my forced retirement surfaced again when I applied for citizenship. Once I was taken out of the line and interviewed crossing into Canada. That cold feeling and knot in the stomach as I wait in line and wonder if I will be pulled out again for questioning in front of everybody has never left me. Homeland security!

Irish ways and Irish Laws indeed! If I had been part of the IRA I would be feted and welcomed in the corridors of power today! Is that some sort of Irish joke.

Presidential Election exposure
In 1997 President Mary Robinson suddenly resigned her position in the Arus to take up a better offer, at the United Nations. My sister, Adi Roche founder of the Chernobyl Children’s Project, was the agreed Rainbow Coalition candidate in the ensuing election. It was said at the time that this was the dirtiest election in Irish presidential history. The sexists all chortled that it was because mainly women were running and one ex-Taoiseach was heard to remark “that’s women for ya!” During that campaign, someone released false stories to the press about my forced army retirement. Their intent was to enhance the chances of the Fianna Fail candidate, and eventual winner, and present incumbent Mrs. McAleese. She was under severe media pressure at the time because of her associations with (media hounding because she stated that it was important to support) Sinn Féin? All hell then broke loose in the press with wild speculative stories about my past. This sideshow had the effect of taking the heat off the Fianna Fail candidate and needless to say they denied instigating or having anything to do with the leak. Mrs. McAleese sympathised with my sister but she ignored all my pleas and has done so since. The newspapers alleged that I was retired from the army for having I.R.A. connections. They also urged my sister to denounce me as a traitor! The media door stepped me and got an angry drive by photo of me trying to defend myself. She was asked if she would grant me a pardon if she became President that is commander in chief. I never sought a pardon because one can’t seek a pardon without a conviction. All I wanted was fair procedures!

Open season on me!
Journalist and newly selected Senator Eoghan Harris, wrote erroneously that “The fact that her brother would want to change Defence Force regulations is worrying and Adi Roche must distance herself from it.” The truth is that the regulation under which I was forcefully retired (Sec 47 (2) of the Defence act) was amended in 1985, 12 years prior to the ’97 election ensuring that what happened to me could not be done to anyone ever again. Unfortunately for me that amendment is not retroactive!

High Court/Dad Alzheimer/ death.
At about this time my father slipped away into the confusion of Alzheimer’s. After 4 years he eventually died in 2002 and sadly we never reconciled! I remained silent during the Presidential election so as not to further add to my sister’s defeat but immediately started working to clear my name as soon as the election was over. I decided to seek my Army files through a High Court Judicial Review.

High Court Judicial Review
At the hearing in 1998 the state told the High Court that I was guilty, had signed a confession and was therefore wasting the court’s time. Justice Kinlen replied that this may well be so but he suggested that they produce the confession and the necessary files to the court. I must point out the Judge did not make an order, only a suggestion. This became very important and was used against me in later cases. That was on Tuesday. On Thursday the state returned and told the judge that there was no signed statement by me. They also claimed that the files on my case had been lost since 1969. “Someone removed them and did not return them m’lud.” (These are top secret files they are referring to here?) Then they changed tactics stating the files issue was moot and they proposed fighting on delay. I hoped the delay clock should start from the date of the attacks on me during the Presidential election. After 3 years the final High Court judgment was that my delay was “both inordinate and inexcusable”. Statute of limitations applied! The state promptly sued me for costs! As the case had serious merits I got my costs but my petition to get my files was denied. They claimed security would be threatened. They must protect what they called their informants! We never sought informants only the information.

Supreme Court
Despite this setback I appealed to the Supreme Court, with all the stress that entailed. In front of 3 Supreme Court Judges we argued that although my delay was inordinate (excessive) I had some plausible ‘excuses’. A Psychiatrist Dr. Fionula O’Louglin, diagnosed me as suffering from posttraumatic stress disorder which should help explain my inability to seek a hearing earlier. I thought that the enforced resurrection of the case during the Presidential election had made it current. The state barristers waxed eloquent on the security of the state, the seriousness of the case in hand, how the state must protect itself and its informants, these were sensitive matters and on and on . They referred to the impossibility of dealing with such long ago decisions as dead men were involved. The Military as everyone knows keeps files ad infinitum and in triplicate! Actually the main instigator of my downfall, General Gerry O’Sullivan was alive and available and we had told the Court this! The President, they said, never retired any officer “in the interests of the service” except for the most grievous reasons. This is what I call the open lie. Sadly they made light of my PTSD diagnosis. Finally the 3 judges in reserved judgement, agreed with this line and I was denied once more because of delay. Statute of limitations was applied. Freedom of Information did not apply. The State again claimed privilege on the grounds of security. As everybody knows our government is very secretive and is dead set against giving out any information not to mind FOI! I wouldn’t have got as far as I did without the limited freedom of information available at the time. All my legal avenues were now exhausted but luckily, again I was awarded costs.

Press conference JAG review _ DVD time
In 2002 my support group and I, with Don Mullan author of the book “Speaking Truth to Power” called a press conference in Buswell’s hotel opposite the Dail DVD NOW DVD maybe. Sr. Helen Prajean, author of “Dead man walking” attended and she compared my plight to that of being in a perpetual open prison. We gained massive public support including from actors Gabriel Byrne and Helen Barkin, at the time. I went on radio and TV pleading my case. My family and I even travelled to NY to support meetings and got interviewed on Irish radio there. On the Pat Kenny show I challenged the people who attacked me during the election to have the courage to confront me! The interest generated in my struggle prompted the Minister of Defense Michael Smith, to announce a Judge Advocate General’s review of what he referred to in his Jesuitical way, as “all gaps and ambiguities” in my case. I protested that this was the army investigating itself. I wanted an independent investigation and pointed out that Ms Oonah McCrann, B.L. the Judge Advocate General is employed and paid by the Army. During her subsequent investigating she refused to interview either me, my solicitor or any supportive army colleagues. The ‘sub judice’ rule was again applied, silencing us during the review period. My campaign to clear my name was effectively stonewalled, stalled and shut down!

No relief from JAG
After 3 months the JAG findings were secretly leaked to the media before being given either to my legal team or to me. TV3 did a phoney car crash re enactment on their 5.30 news stating, that I knew why I was dismissed etc.! In her semantic laden review Ms. McCrann B.L. found that, although the note keeping by the army was sloppy at the time, everything else was correct. That was true in as much as the open lie is true where she stated that I had been “kept informed throughout the investigation”. She advised the state that no action be taken. Like the other barristers before her she talked about the state’s need to protect its security, informants etc., seriousness of the matter and the unfairness to dead men who made the initial decisions, despite General O’Sullivan being alive and well! She made no comment on the unfairness to me. I got no relief from her conclusions or review, except that my Army files were to be released to me, finally. She had conveniently ignored all unsuitable gaps and ambiguities, such as my ‘lost’ solicitor’s letter and a sworn affidavit from a comrade officer in my defence. This was from the friend who was alleged to have made a statement against me during the initial interrogations! I hoped that at last I would get to see what the charges were - There was nothing!
It was a victory of sorts getting the files but it did not help me clear my name. Interestingly those files the state told the High Court in 1998 were missing since 1969, mysteriously reappeared 2 months after I lost my case in the Supreme Court 2002. Our government is great at lecturing people abroad on human rights abuses but here at home it seems to me, anathema!

It is 7 years later - High Court again 2005!
After the failure of the Judge Advocate General’s review to resolve the issue we appealed to the High Court for a Judicial Review of her findings. 2 years later, in July 2005 her review was quashed. Justice Quirke found that I had not been given “fair procedures”. HE made no order on my forced retirement offering me no legal remedy! I hoped that my name would finally be cleared now or that I would at least get a new, open independent hearing. As the overthrown Judge Advocate General’s review was set up by the state, its quashing should have counted for something! The ministerial directive still stands ordering the examination of all gaps and ambiguities in my case?

Dáil question 2006
Last year a question was asked of the Taoiseach Mr. Aherne in the Dáil, who as we are aware is very militant in defending his own good name, as to what action he proposed to take on foot of the 2005 High Court decision. His answer was that I was aware of the circumstances of my retirement and that it would not have happened except for the most compelling reasons. That is no answers need be given, as you know the answers already. Inaction! He referred the query to Defence Minister Willy O’Dea. Such hypocrisy! One may ask how a people that struggled so long and hard for its freedom, independence and democracy can allow such wrongs to continue. “Too much suffering makes a stone of the heart” said the poet but in my case sometimes I just lose heart. If enough things that are untrue are said about you no one will know what really is true, a lie told often enough becomes the truth! Although never charged, tried or convicted of anything I am permanently blacklisted by this state. Security trumps the constitution it seems? I am fair game for any gutter press hack that chooses to attack me at any time! I am finished with the Irish Judiciary, unless I appeal to the Court of Human Rights in Strasbourg. This could take 5 years and the costs are emotionally and financially prohibitive to me.

CONCLUSION
Finally I wish to reiterate that Justice can never be done to anyone until the injustices perpetrated against them are recognized as such! Power concedes nothing without demand and I demand that my name be cleared and will continue to do so!

Thank you all for your interest and attention ladies and gentlemen. I hope I have thrown some light on the state of justice in this republic of ours, as I experienced it. I would like to present to The Law Society a copy of the book detailing my case, “Speaking Truth to Power” by Don Mullan. This book was funded by the Rowntree Foundation, a peace and Justice Group from England. http://www.jrf.org.uk/ it is available on the web. I was greatly helped by the loyal support of the British Irish Rights Watch (www.birw.org) led by Ms. Jane Winter.
Go raibh mile maith agaibh. Oiche mhaith!

Former Chief Justice Charles Evans Hughes of the U.S. Supreme Court said “90% of any decision is emotion. The rational part of us supplies the reasons for our predilections.”

Wednesday, May 9, 2007

Caligula (Little boots)

Freedom is just another word for nothing left to lose!

We have been told repeatedly that officers must be like Caeser's wife i.e. above reproach. What about the German Officers who were complicit in mass murder or the Serbian officers murderous campaign against civilians? The suspect wife, Caesar's second was only married for politicial convenience. They were locked in what today would be called the divorce wars and it was a scandal, even for ancient Rome. Meanwhile the quaintly named Publius Clodius Pulcher infiltrated a sacred ceremony dressed in drag, because it was out of bounds to men. It was said that he wished to have sex with Caesar's wife Pompeia. Perhaps he was set up?

Caesar, while loudly defending her honour, quietly divorced her and declared that his wife should be above suspicion. This was rich coming from a sadistic profligate. Clodius escaped conviction on charges of sacrilage by bribing the Jury. He was later murdered in the street. Caesar went on to conquer the rest of Europe. No one is above suspicion!!!

Thursday, February 15, 2007

Fergus Finlay of Irish Examiner wrote August 1st 2006

He was just 24 at the time. Except he didn’t voluntarily retire. He “was retired”. That’s a rather odd way of describing what happened to him, but it’s the term that was used. He was “retired” by the President at the behest of the Government. What did he do wrong? We don’t know. What crime was he charged with? None. Who gave evidence against him? No one, at least not to his face.Not charged, no witnesses, no accusations, no evidence. Just retired. De Róiste may be the victim of the greatest unresolved miscarriage of justice in Ireland. What he says happened to him lacked all semblance of natural justice. In 1968 he was a young army lieutenant. Out of nowhere, he says he was taken to military headquarters, put under confinement, interrogated for several days and eventually dismissed from the army.

Dail (Irish Parliament) debates June 2006 Here is justice Irish style?

Here is how parliamentary debate works in Ireland.

Mr. Boyle: Will the Minister follow the example of his predecessor and find a means through which this injustice can be corrected? As Deputy Costello pointed out, yesterday was the 100th anniversary of the Captain Dreyfus affair and this case has striking parallels. Will the Minister put on record his intention to solve the issue in the quickest possible time?

Mr. O’Dea: The fact somebody is dismissed from the Army does not automatically mean he or she was unfairly dismissed.

Mr. Costello: He did not get due process.

Mr. O’Dea: The Judge Advocate General’s report was quashed on the basis that proper procedures were not followed. It would be impossible to reconstitute that procedure because the nature of the court decision was that the type of inquiry necessary is not appropriate. It would be an inquiry where, on one side, the applicant gives oral evidence, but on the other side, we would have only the dusty archives or people too old or ill to give evidence. Very few people have been dismissed by the Army in the interests of the service because that is a serious matter. The issue in question was taken seriously for that sort of action to be taken.

Talk Given to The Carter Center 1 Feb 2007

PROFESSION DELETED OFFICIALLY

(Retired by the President, in the interests of the service)

Good afternoon – or being in the South should I say hi y’all? Before I begin I’d like to thank the Carter Center for giving me this opportunity and special thanks to Tessa and Kavitha for arranging my visit. It is a great honour for me to be here.

I am going to ask you to pause mentally for a moment and try to visualize that your chosen career path is suddenly and without warning deleted officially by the President of your country? One day you are a contented person climbing the ladder of success in your chosen profession and the next day it is over and you are history. I’m sure you will agree that this is a most shocking and frightening situation in which to find oneself? Kafkaesque you could say! Public humiliation, your good name destroyed, your character assassinated, and a gap created on your resume ensuring that you are made unemployed and unemployable? Your educational achievements are suddenly no longer valid. Overnight you become a pariah to former friends and colleagues and when they seee you in the street they cross over rather than having to greet you!

This is precisely the situation I faced back in 1969 when I was suddenly retired as a young officer in the Irish army by President Eamonn de Valera. Our President, unlike the President of the United States does not have executive power and only operates on the advice of the government. That is in fact the crux of the dilemma. My forced retirement was accomplished by using a sweeping clause in the Irish Defense act that states, “The President (who is also commander in chief of the forces) may retire any officer ‘in the interests of the service’”. This draconian power has been used very rarely. In fact only 3 Army officers have been so retired since 1966. I was one and am the only one not to be given reason. After 1985 the act was amended such that an individual must now be told the reasons, and given an opportunity to respond. Unfortunately for me this amendment is not retroactive. Consequently ladies and gentlemen you have before you the only person in the history of the Irish Defense forces to be fired by a President without any credible reason or due process.

I know, I know on that date in history the whole world was watching the 1st U.S. moon landing but for me that was the year I was landed into a horrendous state of non-personhood and set out on a journey of infamy and ignominy. Incidentally president de Valera was a U.S. citizen, and that fact saved his life after the 1916 Easter rising in Dublin. The other leaders were all executed.

I was 24 years old and had just completed 6 blemish free years of service as an army Lieutenant. I did not realize then how important your good name is and like all ephemeral things - one does not miss them until they are gone. My late mother was fond of quoting from Othello:

“Who steals my purse steals trash;
‘tis something, nothing, ‘twas mine, ‘tis his, and has been slave to thousands.
But he that filches from me my good name,
Robs me of that which not enriches him and makes me poor indeed.”

The struggle to restore my good name has brought me here!

It is said of the Irish that we have we fought well in every struggle but our own. Once we were mercenaries, wanderers, saints and scholars. It is little known fact there an Irishman named Patrick Maguire sailed with Columbus. He is credited with jumping out to lighten the load in the landing craft and thus became the first European to touch ground in America.

There is a story told about these two Irishman who got shipwrecked on a distant island. Half drowned they awoke on the beach surrounded by local people trying to help them. One looks at the other and says, “What kind of government do you think they have here Paddy?” The locals marvel and said to them “You fellas are lucky to be alive. Why are you worried about the government here? “Because we’re against it” came the prompt reply.

My hometown Clonmel (Cluain Meala) is in the county of Tipperary. We grew up infused with pride that our town was to only one in Ireland to hold out against the Cromwellian siege. When they sued for peace the defending army of O’Neill managed to escape to the continent. I merely mention this for us to reflect on the fact that a conquering army only controls the ground it stands on.

Did you folks know that the Irish invaded Canada – from the U.S.A. believe it or not? After the Civil War here there were thousands of demobbed Irish soldiers. Of course they fought on both sides. They were recruited into an oath bound secret society formed in New York dedicated to freeing Ireland. “The Fenians” they were called, which referred to an ancient mythical army of warriors led by Fionn McCool. A unit invaded Canada somewhere close to Buffalo near Niagra Falls. They captured and occupied a British fort. The idea was to bring pressure on England through her colonies and they hoped, on account of the Crown’s meddling on one side in the recent war that they had tacit US support. (Nod and wink) For various political reasons that support was not forthcoming so they withdrew after a few days. They shipped arms and manpower to Ireland but the people were so devasted from the recent famines that left over a million dead they were too weak to rise and were crushed once more. This led to a huge increase in emigration to America. 40 million?
“The Irish, the race that god made mad,
Where all their wars are merry and all their songs are sad.”

Sometimes my struggle for justice seems futile to people but I believe that it is not those who inflict the most who will succeed but those who can endure the most!

Of course with the republican tradition in my family it was no surprise that, as a teenager I wished to join the national army. In order to prepare myself I volunteered for a cadre of the defense forces known as the FCA (Forsa Cosanta Aitiul or LDF) much like your National Guard. I was 16 years old. It was a real macho feeling getting into uniform, drilling, marching, shooting and playing war games! This is my rifle this is my gun, this is for fighting etc. If youth is wasted on the young I enjoyed wasting mine playing soldier and learning to drive army equipment. When I graduated with honors from High School my commanding officer recommended that I apply for the officer cadet corps. From over 1000 applicants who were tested and interviewed I was chosen as one of the 55 members of the 38th cadet class. It was a marvelous feeling!

I enjoyed my military training and have benefited throughout my life from the lessons I learned. As General Colin Powell remarked in his biography “you never stop being a soldier!” In 1963 Mrs. Jacki Kennedy, in her grief, thought to request an Irish cadet presence at the President’s funeral. All Ireland was in mourning as John F. Kennedy had visited the country that summer. Told the story of…… If you look carefully at the old fuzzy black and white movies you might just catch a glimpse of all the Irish cadets all smart and shiny; “Like a polar bear in a blizzard” as one joker remarked, when they got home.

The Irish cadet college runs a tough training course that is modeled on WestPoint. It was tough but fair and sometimes ruthless! Only 33 cadets in my class graduated and received commissions out of the original intake of 55. My family was very proud of me and they all came to the commissioning ceremony in the Curragh of Kildare. My grandmother was over the moon. She had seen our country go from an occupied puppet statelet to being a free republic and her grandson was now upholding his country’s honor as a commissioned officer in her beloved national army.

I carried out my many duties including training young infantry platoons and was promoted from 2nd Lieutenant to 1st. I saw service in the Artillery corps, Air Corps and finally was posted to Supply and Transport. This was the heyday of the rock and roll era. We had the Beatles and the Rolling Stones playing in Dublin even before they came to the US. In Ireland at the time there was also a phenomenon known as the Ballad boom. The pubs were lively venues for all sorts of singers, poets and musicians. I enjoyed military life and of course my off duty time having the occasional pint of Guinness with my fellow officers in various venues. In light of what was to happen, I subsequently learned that some of the Army brass frowned on this mixing with civilians or ‘civvies’ as non military people were referred to. They thought it too bohemian (unconventional) for a young officer to be seen there. They had a particular disdain for O’Donoghue’s Pub of Merrion Row in Dublin. The place still exists and is a venue for tourists as much as ever. It is the real macoy.

As transport officer for the Western Command I was detailed to go to Dublin and organize our portion of the sale of used military junk in a public auction to be held in Clancy Barracks. I did this to the best of my ability and when it was over it was publicized as the most successful such sale to date. Everyone involved was delighted. On my return to home base I was suddenly and without warning, or caution placed under armed arrest and taken in a staff car on the 3-hour journey back to Dublin. The arresting officer, whom I knew and served with, remained silent throughout the journey. The best he could offer was the old cliche “I don’t know I’m just following orders. Perhaps it is a mix-up?” He delivered me to military security and they marched me up 3 flights of stairs and placed me in a bare room that was then locked and barred. During the next few days of incarceration I was forcefully interrogated and threatened, for hours on end. At first I thought it was some kind of endurance test such as we were subjected to during training. I was very confused! When I asked the interrogator what this was all about he replied gruffly, “That is for you to tell us Lieutenant”. Needless to say I was terrified. He inferred that I was guilty of such crimes that suicide might be an available option. He left the room leaving his sidearm on the table. My family would be disgraced he said. He threatened me with a Court Martial! He said my girlfriend whose dad was a police superintendent would dump me.

I am aware that interrogation is a hot topic here nowadays but let me assure you that a trained interrogator, given enough time can breakdown any individual and I must emphasize - whether innocent or guilty! The purpose of interrogation is to destroy the spirit. It make the subject feel more comfortable confessing to whatever allegations are put against them rather than to holding out. In my experience it has no bearing on what the truth is. The second day after my arrest I gleaned that this was a security matter and had something to do with my drinking in O’Donoghue’s pub. An informant had allegedly seen me talking with a particular individual. I never got to face this so-called informant. I was asked what I knew about this person? He was seen approaching and talking to me for a few minutes at the public auction and that, said my interrogator was very serious. When he told me the individual was suspected of being a subversive I was surprised, and also somewhat relieved. I knew that I was not a subversive nor did I know any. The guessing game was over! I was always in the company of fellow officers when I went to these places.

The Irish army compiles annual reports on all its officers. These reports contain one of two possible conclusions, either satisfactory or unsatisfactory. If you get unsatisfactory you must be informed and be given a chance to correct whatever it is that is wrong. All my reports had been satisfactory to date.

When I was released back to my posted assignment pending further investigations I hired a Lawyer. He, as a civilian was shocked at the story I told him. He could not believe that I had not been cautioned nor could he understand why I was not dealt with in my own command. “What is the charge?” he asked. I answered truthfully that I didn’t know. His advice was for me to remain silent and to seek a court martial in order to meet the charges against me. He said he would write to the army on my behalf, protesting at my unjust treatment. Which he did!

After a month or so of fear and intimidation I was given a new posting. It involved a pay raise and more responsibility. Both my military friends and my lawyer figured the arrest was all a mistake and that the trouble had now blown over. A SNAFU rather than a FUBAR, friendly fire so to speak. Out of the blue I was summoned back to my barracks HQ. I was marched into a room in front of my commanding officer. He was flanked by other officers, some armed. He handed me a sealed letter saying, “We both know what is in it. You have 12 hours to vacate you quarters.” He instructed me to open it in his presence but I was unable to comprehend what had happened, let alone read the thing. I felt sick and faint! My career over without even the fig leaf of fair procedures. My solicitor got it wrong. Though I was innocent I was being severely punished for no reason. This punishment has lasted a lifetime!

Thus began for me what amounted to ‘internal exile’ - as brutal and final as any practiced by the old Soviet Union. My father disowned me. He was so ashamed of me and could not take my word over that of the President. “You want me to believe that the President is wrong and you are right,” he thundered? He barred me from my home forever! Having himself served in the army during the WW II he was what was known as a Dev man. I found myself suddenly, friendless, homeless, jobless and for all practical purposes unemployable. I realize now that no one in their right mind would hire someone with “retired by the president, in the interest of the service” on their resume? Talk about the mark of Cain? It had overtones of terrorism and subversion attached to it. Eventually I was forced to emigrate to find work; first I went to London and from there to Pennsylvania. I got held overnight by the Special Branch in Holyhead and feared for my life. An uncle, who was in the Military told my mother that the IRA would kill me for being an imposter and as they had not I must be associated with them. He also said that there was a photograph of me as part of an IRA funeral firing squad, he had not seen this himself. This was a total fabrication and a typical example of how lies and rumors can take on lives of their own. Truthfully if I had been part of the IRA I would be feted and welcomed in the corridors of power today!

In 1997 my sister, Adi Roche founder of the Chernobyl Childrens Project, was a candidate in the Irish Presidential election. It is agreed by everyone that this was the dirtiest election ever in Irish history. The sexists chortled that it was because mainly women were running. (that’s women for ya) President Mary Robinson had resigned to take up a post with the United Nations! Forces connected with Fianna Fail, the party that has been in power for most of the past 70 years, saw fit to leak false stories about me to the press in order to enhance the chances of their candidate, the eventual winner Mary McAleese. The media lied claiming that I was retired from the army for having IRA terrorist connections. My sister was tarnished by association and was urged by the gutter press to denounce her brother as a traitor. From odds on favorite at the start she finished a poor last. The media door stepped me and managed to get a very angry photo of me slamming my door against them on all the papers. Adi was asked if she would give me a pardon if ever she became President? At about this time my father slipped into Alzheimer’s. He died in 2002 – we never reconciled!

After the election I started working to clear my good name with a new legal team. Following the unwarranted public attack on me we petitioned the High Court for a Judicial Review in order to gain access to my army files. The state told the judge that I was guilty, had signed a confession and was therefore wasting the court’s time. The Judge suggested that this may well be so why not produce the signed statement and the necessary files to the court and we could all go home. The Judge did not make an order, only a suggestion. Nevertheless my solicitors and I were overjoyed. That was on Tuesday. On Thursday the state came into court and told the judge that there was no signed statement from me - (which I knew although I feared they may have forged a confession). They also stated that the files had been lost since 1969. They now claimed the files issue was moot as they proposed fighting on the delay stating that I was time barred. This was very frustrating to us, but as they say nowadays it was the fight we had not the fight we wanted! After many years of hard work by my legal team the final High Court judgment was that my delay was “both inordinate and inexcusable” and so my Judicial Review was denied. We were granted costs, which showed that my case was not ‘vexatious’. My punishment was to continue.

Our courts are not like you have in this country. They are intimidating! The room in which the court sits is paneled and dark like something out of a Harry Potter movie. The judge sits above everyone else and talks down to the litigants. Combined with that the whole business is clouded in ancient, incomprehensible legalese. They all wear funny horsehair wigs and black gowns and bow and scrape to each other with obsequious mutterings of “If it please m’lud, and begging your pardon m’lud” while they bend and back out of the room.

Despite the setback we decided to appeal to the Supreme Court. This involved some considerable element of risk as we could lose and get costs, amounting to thousands of Euros awarded against us! The Supreme Court is never to be taken lightly. If you thought the High Court was intimidating the Supreme was supremely so. There were now 3 Judges hearing my case. We felt we could grant the ‘inordinate’ amount of delay but that we had some traction with ‘excusable’ part. A psychiatrist had diagnosed me as suffering from posttraumatic stress disorder and we hoped this finding would mellow the court to allow my judicial review. You can imagine my feelings when the State Lawyer stood with my precious PTSD document, held disdainfully betweens his fingers. Letting it fall, looked around and said, “I believe m’luds that these can be procured today on the Internet”. Then he went on about the security of the state and the President never firing an officer except for the most grievous reasons. My heart sank. I could sense that we were not going to be even given the opportunity to present our case, and so it was. The Chief Justice leaned his bewigged head over his podium and, gazing at my defense lawyer, said “Mr. Stewart, this case has been found to be both “inordinate and inexcusable” from the point of view of delay” – pause, “then why are we here?” I felt it was over. To be honest movie moment…

I was denied again due to time delay and thus I was blocked from gaining access to my files. FOI did not apply as the state claimed privilege on the grounds of security. Patriotism is supposed to be the last refuge of scoundrels but in my experience security is the last refuge of scoundrels! All my legal avenues were now exhausted!

In 2002, out of sheer frustration, we called a press conference in Dublin protesting my innocence, in a hotel opposite the house of parliament/Dail. Sr. Helen Prajean, the author of “Dead man Walking”, attended. I gained massive public support including from actor Gabriel Byrne. I went on national radio and TV pleading my case. I challenged those who attacked me during the Presidential campaign to have the courage to confront me! The Minister of Defense was caught off guard and forced to announced a Judge Advocate General’s review of what he referred to as “all gaps and ambiguities” in my case. We immediately protested that this was a case of the army investigating itself. We wanted an independent investigation. The fact that the JAG refused to interview either any supportive colleagues or me was unacceptable to my defence. The ‘sub judice’ rule was applied in my case silencing me and my lawyers during the review period.

After a delay of 3 months the findings were leaked to the media before being given to my legal team. Playing with semantics the review found that, although the note keeping by the army was sloppy at the time, everything else was correct, in as much as an open lie is correct. Any unsuitable gaps and ambiguities were ignored. Despite my vain hopes for justice I got no relief from this review but crucially it was ordered that my files be released to me. As the JAG concluded, everything in the files was in the files even the supposedly lost files appeared to be there. I was satisfied that at last I would get to see what the charges against me were. Interestingly the files that the state told the High Court were missing since 1969 mysteriously reappeared 2 months after my defeat in the Supreme Court. They contained an unanswered letter from my solicitor (which is illegal) and also a false statement against me attributed to a fellow officer. This was a glaring gap and ambiguity! We are in possession of a sworn affidavit from the officer, (Comdt. Patrick Walshe) in question stating that the alleged statement is a lie! Either of these crucial items could have been used in the courts by my team to gain the relief, if we had them. There was nothing else of any substance in my files. The state knew it in 1969 and they know it today.

We also received our costs in the Supreme Court. We immediately appealed to the High Court and in 2005 the High Court duly quashed the JAG review. The Judge found that I had not been given “fair procedures”. My team and I had hopes that my name would finally be cleared or that I would get another more independent hearing. The least we expected was that some kind of remedy would be found in answer to the Judge’s decision! Nothing! Unfortunately the Judge made no specific recommendation other than to throw out the Judge Advocate General’s review.

This past June a question was asked in our Oireachtas/Parliament in the presence of the prime minister as to what action they proposed to take on foot of the High Court decision, considering that it had been over a year since the judgment. No action is forthcoming.
One may ask how a nation that struggled so hard for freedom independence and democracy can allow such a wrong to continue.

The Carter Center has become part of this country’s long tradition of peacemaking and spreading freedom. Like President Carter before them, President Bill Clinton and Senator George Mitchell set about grappling with what the British refer to disparagingly as their “Irish problem”. Mind you I was brought up to refer to it as our English problem but that is a story for another day.

Senator Mitchell put a peace process in motion on Good Friday 1998 that is still holding to this day. It is called the Belfast Agreement and he used the now famous formula that “Nothing is agreed until everything is agreed” in order to stop the killing! And it worked. The wholesale violence has ceased. The horror of waking up to a radio litany of bloody murder has finally been halted. “Too much suffering makes a stone of the heart” and in Ireland it truly did. Long may the Jimmy Carters and George Mitchells of this world live! Blessed are the peacemakers, for theirs is a lonely and dangerous road!

Although I have 2 grown children in the United States, Dara who works in PA state government and Sinead who is working for Kellogg’s, I am not a US citizen. When I applied for citizenship back in 1987 after 15 years residing here, legally & with green card, the issue of my Irish presidential retirement surfaced once again. The immigration officer, holding my paperwork in his hand, asked me what the term “retired by the president in the interests of the service” meant. I was unable to explain. As my marriage had broken down by this time I returned to Ireland and continued the challenge of clearing my good name.

I was horrified at the carnage in the northern eastern part of my country so I volunteered to work with a reconciliation group based in the south called “The Between” organization. They worked with both Nationalists and Loyalists! We visited those troubled communities and, cooperating with both sides were able to give week long holidays in Cork to traumatized men, women and children. One week for one side - the next for the other. It was very rewarding work. I spent almost 10 years working with Between!

When enough things that are untrue are said about you no one will know what really is true! For nearly 40 years I have been “The innocent victim of blind justice.” I have never been charged, tried or convicted of anything. I have never been given so much as a parking ticket yet I am fair game for any gutter press hack! It is general election time in Ireland this year and I hope to be able to get the politicians motivated to clear my name. It is now a political issue as I am finished with the Judiciary, unless I appeal to the Court of Human Rights in Strasbourg. This would take at least 5 years and the costs are both emotionally and financially prohibitive at this time. Justice can never be done to anyone until the injustices perpetrated against him or her are recognized as such!

Thank you for your interest and attention ladies and gentlemen. I now wish to present to The Carter Library a copy of the book detailing my case, “Speaking Truth to Power” by Don Mullan. This book was funded by the Rowntree Foundation, a peace and Justice group from England. I also have the support of the BIRW. Please visit my blog http://www.deroche.blogspot.com/ for updates on my struggle.

In the same manner in which the just are rewarded in the world to come even for their smallest merits, so are the evildoers in this world. Babylonina Talmud, Tractate Ta’anit

The most dangerous file is an empty file. Blots on one's record may also accuse, but they also protect. In turbulent times decent people have no use and are therefore of little value.