An investigation is being conducted into how a highly-regarded member of the Defence Forces was subjected to criminal charges over a protracted period for which no evidence was eventually produced.
Captain Alan Kearney was due for both a promotion and appointment to the prestigious post of Captain of the Guard in the Houses of the Oireachtas in 2021 when he was relieved of his post, his home subjected to a garda search, and he eventually faced 12 criminal charges.
The premise for the investigation into Capt Kearney, as he was at the time, was Whatsapp messages he exchanged with a former colleague who had gone on to work for An Garda Síochána.
This man made a series of protected disclosures in 2020 and his case has been highlighted in recent months in the Oireachtas.
After two and a half years under the shadow of criminal changes, Capt Kearney was vindicated when the charges were dropped.
The Ombudsman for the Defence Forces, Alan Mahon, described submissions made to him about the case as “disturbing”.
He also recommended that Capt Kearney receive the promotion he was due.
The Captain of the Guard position was filled by another candidate while Capt Kearney was facing the charges.
The ombudsman reported that “being the subject of serious criminal charges for well in excess of two years have caused him enormous stress and occasional ill health and in the circumstances where these serious charges have been dropped it is just and proper that his Defence Forces career now be fully rehabilitated”.
However, the Defence Forces refused to backdate Capt Kearney’s promotion the three years recommended by the ombudsman.
Mr Mahon wrote to both the chief of staff of the forces and the minister for justice.
Eventually, the promotion to commandant was made but only backdated by nine months.
Comdt Kearney told the Irish Examiner: “When my mother died, when my wife fought cancer — our family’s lowest moments — that was when the Defence Forces chose to apply its maximum pressure.
Their silence in the face of our distress was their answer. It was not a mistake; it was a strategy. A calculated, brutal withdrawal when we needed support the most.
Comdt Kearney resigned from the Defence Forces in July and now works abroad.
A Defence Forces spokesperson said it was committed to following due process.
A spokesperson for the ombudsman said the office does not confirm or deny any complaint made.
The Irish Examiner understands that the office is now investigating how Comdt Kearney was treated over the course of his case.
Mick Clifford’s in-depth examination of Commandant Alan Kearney’s case is published in the ‘Irish Examiner’ in print and online on Monday.