Urgent Review of Army Officer’s ‘Torturous’ Legal Ordeal Just Announced

UPDATE: A new investigation into Captain Alan Kearney’s grueling legal battles has just been announced by the Ombudsman for the Defence Forces. After enduring a “torturous” two-and-a-half-year ordeal filled with unfounded criminal charges, Kearney’s case highlights alarming issues within the military and law enforcement systems in Ireland.

In August 2020, Kearney, a highly respected officer with over 31 years of service, was poised for a significant promotion to commandant. Instead, he was thrust into a nightmare when Gardaí began investigating his communications with a former colleague. This scrutiny led to his arrest and a protracted series of charges that not only damaged his career but also inflicted severe emotional distress on him and his family.

BACKGROUND: Kearney’s exemplary record included serving overseas in Lebanon and leading the Ordnance Base Technical Stores, a position typically held by someone with much more experience. His troubles began when Gardaí misinterpreted WhatsApp messages exchanged with a former Defence Forces member, who was now under investigation for alleged theft of ammunition. Despite having no legal standing, Kearney was labeled a “person of interest.”

On May 7, 2021, just as his promotion was expected to be confirmed, he was abruptly removed from his command position. Four days later, Gardaí raided his home, though nothing incriminating was found. The investigation, originally focused on potential theft, unearthed no evidence against him, yet Kearney’s life spiraled into turmoil.

The military police’s actions were compounded by a lack of communication and support from the Defence Forces during critical family crises, including the passing of his mother and his wife’s cancer diagnosis. Kearney stated, “Their silence in the face of our distress was their answer. It was not a mistake, it was a strategy.”

On March 24, 2024, the High Court is set to hear Kearney’s case, which is crucial for his future in the Defence Forces. Just days before the hearing, it was revealed that crucial evidence was unavailable, leading to speculation that all charges against him would be dropped. This situation underscores systemic failures within the military judicial process.

Kearney’s legal ordeal culminated in a court martial set for July 24, 2024, but errors in the prosecution’s case have raised doubts about the integrity of the charges. In a dramatic turn, Kearney was pressured to plead guilty to a minor administrative charge concerning possession of outdated equipment—an action he claims was taken to end his suffering.

The Ombudsman, Alan Mahon, has now recommended that Kearney be promoted to commandant with backdated seniority, citing fairness and natural justice. Yet, the Defence Forces have resisted this proposal, leading to further questions about their commitment to justice and support for their personnel.

The impact of this case extends beyond Kearney; it raises significant concerns about how the Defence Forces and An Garda Síochána handle internal investigations and support their members. With Kearney’s career in limbo and his family’s well-being at stake, the urgency of finding a resolution has never been more critical.

As this investigation unfolds, all eyes will be on the upcoming court hearing and the implications it will have not only for Kearney but for the integrity of the institutions involved.

Stay tuned for updates as this developing story progresses.