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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