O'Brien v Minister for Defence, Ireland and Attorney General

• Jurisdiction: Ireland
• Judge: Hamilton C.J.
• Judgment Date: 01 January 1998
• Neutral Citation: 1998 WJSC-SC 11041
• Judgment citation (vLex): [1997] 7 JIC 0702
• Court: Supreme Court
• Date: 01 January 1998

(S.C.)

(H.C.)

O'Brien

and

Minister for Defence, Ireland and the Attorney General

- Public interest - Diplomatic privilege - Statutory privilege - Defence Forces -Reports of UN and military inquiries into death of soldier in Lebanon - Power of Oireachtas to enact legislation conferring privilege of exemption from production on specified categories of documentary or other evidence - Defence Act, 1954 (No. 18) - Rules of Procedure (Defence Forces), 1954 (S.I. No. 243).

Rule 121 of the Rules of Procedure (Defence Forces), 1954, provides that the proceedings of a court of inquiry and any confession, statement or answer to any question made or given at a court of inquiry shall not be admissible against any person subject to military law, nor shall any evidence respecting the proceedings of a court of inquiry be given against any such person except upon his trial for committing the civil offence of perjury. Rule 122 provides that a finding of a court of inquiry shall not be admissible in evidence nor shall any question be asked of any...