Mother of Irish soldier Sean Rooney gets permission to sue the United Nations
The mother of a young Irish soldier killed in action in Lebanon three years ago has been given permission by the High Court to sue the United Nations in the Irish courts.
Private Sean Rooney (24) was killed while on UN duty when the armoured vehicle he was driving from south Lebanon to Beirut came under fire in December 2022.
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His mother, Natasha Rooney, from Newtowncunningham in Co Donegal, has already initiated proceedings against the Irish Defence Forces, the Minister for Defence, and the State parties, Ireland and the Attorney General, over the death of her son.
She is suing for mental distress allegedly sustained by her and other members of the soldier's family as a result of his death.
Her counsel, Ray Motherway BL, told the High Court on Tuesday that Pte Sean Rooney lost his life in an ambush and they now wanted leave to issue and serve proceedings on the UN, which has headquarters in New York.
On December 14th, 2022, Pte Rooney was driving a UN-marked armoured SUV-type vehicle which was travelling as part of a two-vehicle convoy on an administrative run to Beirut Airport from the Irish UN base, Camp Shamrock. Four soldiers were in each SUV.
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The vehicle driven by Pte Rooney became separated from the other one and ended up in a town called Al-Aqbiyah where it came under gunfire and Pte Rooney was killed.
Central to the case against the UN is the allegation that UN officials allegedly ordered soldiers at the Irish base to stand down from going to assist as those officials believed other peacekeepers may have been closer.
In an affidavit to the High Court grounding the application, solicitor Darragh Mackin of Phoenix Law solicitors said investigations by the Irish Defence Forces were ongoing, a criminal prosecution in Lebanon was ongoing and a verdict from the Dublin Coroner's Court was awaited. The affidavit said there was 'currently limited information available to Ms Rooney regarding the relevant circumstances.'
As the United Nations has it main office and place of business in the United States, the affidavit said it was necessary to bring the application for leave to issue and serve the intended proceedings outside the jurisdiction.
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Mr Mackin said the United Nations is a proper party to the proceedings as it was involved in the operation of the United Nations Interim Force in Lebanon (Unifil) and Pte Rooney was killed in action on a Unifil peacekeeping mission.
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The Republic of Ireland, he said, was an appropriate jurisdiction where to hear and determine the intended proceedings as the balance of the intended defendants have their main offices within the State and witness are likely to be resident in Ireland too.
He said it would also save on costs rather than have the dispute litigated in Lebanon or in the United States.
Mr Justice Paul Coffey accepted jurisdiction and granted permission to issue a plenary summons and serve it on the UN based in New York.
A copy of the personal injuries summons, which will set out the allegations against all parties, will now be served on the UN, which will have 42 days to enter an appearance in the case.
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