
Defence Forces private refused to stop bus for toilet break, court hears
A summary court martial heard the driver eventually pulled in on a hard shoulder and told his passengers that "anyone who needs to piss and s**t can go there".
Private Aidan Graham, who is based in the Curragh Camp Co Kildare, pleaded not guilty to 11 charges contrary to military law at a hearing at the Military Justice Centre in McKee Barracks in Dublin.
The accused is charged with various breaches of the Defence Act 1954 over his alleged conduct on 15 March 2019 while driving 20 troops back to their base at Cathal Brugha Barracks in Rathmines in Dublin from training in Finner Camp in Ballyshannon, Co Donegal.
Pvt Graham is accused of four counts of disobeying a lawful command of a superior officer, including two in relation to refusing to stop the bus at a service station.
Five other charges relate to accusations that Pvt Graham used threatening or insulting language or behaving in an insubordinate manner towards his superiors including remarking to one NCO: "I'm sick of this f**king s**t, I'm going home. I've been on the road since 5am."
The military court heard he is also charged with showing aggressive behaviour to two corporals in Cathal Brugha Barracks.
Pvt Graham was separately charged with dangerous driving of a service vehicle over the aggressive manner in which he pulled the coach onto a hard shoulder.
He was also accused of displaying conduct that was prejudicial to good order and discipline over telling other soldiers that they could "piss and s**t" on the side of a road.
Opening the case for the prosecution, counsel for the Director of Military Prosecutions, Lieutenant Colonel Shane Keogh BL said the accused had shown disobedience and insubordination during a routine transport detail of the Defence Forces.
Lt Col Keogh said Pvt Graham had repeatedly refused to obey lawful commands and had used vulgar and threatening language as well as driving in a dangerous manner which placed other troops at risk.
He told the military judge, Colonel Michael Campion, that Pvt Graham's belief that he was the person in charge of the vehicle and was not bound to follow orders was "without merit".
Counsel said the orders to make a stop on a 200km-plus journey were "necessary and reasonable".
"He did not act in ignorance. He acted in defiance," remarked Lt Col Keogh.
Corporal would not let soldiers go to toilet on roadside, court hears
Corporal Paul Burke gave evidence that he assumed there would be no issue when other soldiers had asked him on the journey if the driver could stop for a toilet break.
However, he said Pvt Graham replied that he was not stopping as he had been on the road since 5am and had "places to be."
Cpl Burke said the driver complained that soldiers would take more than 10 minutes if he stopped as they would also go for food.
He recalled how Pvt Graham drove faster as he got near the service station.
Cpl Burke said he did not know what to do after the driver also refused to stop when asked by another NCO.
After the bus was pulled into a hard shoulder, Cpl Burke said he would not let 20 soldiers in uniform go to the toilet on the side of a road as someone would take a photo which would appear in newspapers and social media.
The trial heard that it was established that nobody else on the coach was qualified to drive the vehicle to allow Pvt Graham to be relieved of his duties.
Cpl Burke described the driver's demeanour as "crazy."
When they arrived at Cathal Brugha Barracks, he said he was twice told to "f**k off" by Pvt Graham when he ordered him to get out of the bus.
Under cross-examination by defence counsel, Pat O'Brien BL, Cpl Burke denied that the driver had told him before leaving Finner Camp that he was not planning to stop as he had to collect his kids.
"That's a lie," he replied.
Sergeant Derek Rochford, who was a corporal at the time, admitted that the driver had told him at Finner Camp that he was in a rush as he had to be back as quickly as possible "for another detail."
After the incident on the hard shoulder, Sgt Rochford said he did not feel it was safe to ask Pvt Graham to stop again.
The witness said he took it as a threat when the driver told him at Cathal Brugha Barracks to be careful as he was taking matters further.
Sgt Rochford said Pvt Graham showed no respect for rank and just wanted to get home.
Under cross-examination, Sgt Rochford said he was in charge as the most senior NCO but denied the driver was asked to go to a stop that was ten minutes off the route.
Several other passengers who were on the bus also gave evidence about the driver's refusal to stop for a toilet break apart from pulling in on a hard shoulder.
An officer in the Defence Forces' transport division told the court martial that a superior officer can tell the driver of a military vehicle what to do.
However, Commandant Ciaran Haughton said a document would need to be endorsed for any deviation from the driver's detail.
Comdt Haughton said he believed a driver had to show due respect to the rank of his passengers under military standing orders.
However, Mr O'Brien claimed an NCO was not allowed to endorse such a document as they were not defined as officers under the Defence Act.
In reply to questions from the judge, Comdt Haughton said toilet stops were generally only not allowed when transporting ammunition for security reasons but were encouraged for the welfare of personnel on other trips.
The witness said comfort breaks were not normally recorded on documentation but added they "probably should be per regulations".
The hearing was adjourned and resumes tomorrow.

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RTÉ News
2 days ago
- RTÉ News
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Irish Examiner
2 days ago
- Irish Examiner
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The Irish Sun
15-07-2025
- The Irish Sun
From bragging posts to iconic vid – the damning evidence that led to arrest of idiots who chopped down Sycamore Gap tree
THE two idiots who felled the historic Sycamore Gap tree have finally been jailed for their shocking crime. Now, we reveal the damning evidence that led to their conviction, from bragging posts to a shocking video of the chopping. 10 The two men who chopped down the Sycamore Gap tree have finally been jailed Credit: EPA 10 The historic tree had stood by Hadrian's Wall for more than a century before it was felled in September 2023 Credit: AFP 10 Video footage extracted from one of the criminals' phones shows how Carruthers cut down the tree using a chain saw late at night Credit: PA Daniel Graham, 39, and Adam Carruthers, 32, were Detective Inspector Calum Meikle, who investigated the felling, said he knew he'd solved the crime when he saw the tree's "fantastically famous outline" on one of the perpetrator's phones. He revealed that officers were "tipped off" about Graham and Carruthers' involvement a few weeks after the shocking felling of the historic tree in September 2023. The tip-off stated that the pair of ground workers were responsible for chopping the tree down, even keeping a piece of the wood as a trophy. Read More on UK News This led to the arrest of both men and seizing of their phones. Speaking to the However, after sending it to be digitally enhanced, investigators discovered they had found evidence of the tree being destroyed. Gasps could be heard at Newcastle Crown Court as the now Most read in The Sun DI Meikle said: "I'm always impressed with what our digital forensic units are able to achieve. "But, as you have seen from the video, as the person filming moves back, it shows us that fantastically famous outline (which) was undoubtedly the Sycamore Gap tree. Men who cut down iconic Sycamore Gap tree sentenced to 4 years and 3 months in jail "I was very pleased to have that evidence." Graham's phone also housed multiple other pieces of damning evidence, including photographs of a wedge of the tree trunk taken by the criminal as well as that of a chainsaw in the boot of his Range Rover. The pair of idiots not only chopped down the history tree but also damaged Hadrian's Wall during their "moronic mission". In just two minutes and 41 seconds, the two men chopped down the tree, which had stood next to the historic wall for more than a century. At their trial, the court heard how the pair had only recently admitted to responsibility for the felling in interviews with the Probation Service. They accepted they drove 30 miles through a storm to chop down the iconic landmark in the early hours of September 28, 2023. 10 Pictures recovered from Graham's phone show a piece of the iconic tree, and the chainsaw used for the shocking act, in the back of his vehicle Credit: PA 10 DI Meikle said he knew he'd solved the crime when he saw the tree's 'fantastically famous outline' on Graham's phone footage Credit: PA 10 The pair of idiots had travelled from Carlisle overnight to commit the shocking act of vandalism Credit: PA Mrs Justice Christina Lambert said: "I can now be sure you, Adam Carruthers, were the person who felled the tree and you, Daniel Graham, assisted and encouraged him by driving there and back and not least by filming it on your phone." As they fled the scene, Carruthers forwarded the sick video to his partner. The wedge of the iconic tree - which was photographed in their vehicle - has never been found. Following their shocking crime, and as news broke of the vandalism, the pair shared social media posts about the tree, with Graham saying to Carruthers "here we go," as they "revelled" in reports of the crime. Although prosecutors said the friends had chopped the famous tree down for "a bit of a laugh," and suggested Carruthers was so obsessed with the Sycamore Gap that he wanted the wedge as a special souvenir for his newborn daughter, neither has offered any proper explanation for why they did what they did. This week, Carruthers claimed he had drunk a bottle of whisky and could barely remember chopping down the tree - although the judge said this was implausible due to the skill and coordination of the crime. Andrew Gurney, representing Carruthers, said he had made the admissions in a pre-sentence report. 10 Judge Mrs Justice Lambert delivered the sentencing of both criminals this week Credit: PA 10 Daniel Graham, 39, has been sentenced to four years and three months in prison for his role in the felling of the Sycamore Gap tree 10 Adam Carruthers, 32 - who chopped the tree down with a chainsaw - has also been jailed for the same time He said: "He does wish to cleanse his conscience of what he has done. People want to know 'Why? Why did you conduct this mindless act?' "Unfortunately, it is no more than drunken stupidity. He felled that tree and it is something he will regret for the rest of his life. "There's no better explanation than that.' Richard Wright KC, prosecuting, said there had been a 'high degree of planning and premeditation'. He said: "This was an expedition which required significant planning in terms of taking a vehicle, driving for about 40 minutes to a car park, taking with them appropriate specialist equipment, carrying the equipment for about 20 minutes' walk in each direction. 'The felling was carried out in a deliberate, professional way.' On the other side, Graham continued to blame his accomplice, insisting cutting the tree down had been Carruthers' "dream" and "his show" which he simply went along with. The criminal also claimed he was "shocked" that Carruthers had followed through with his plan. 10 The felling of the tree sparked nationwide condemnation Credit: Getty