Mother of slain Irish soldier Sean Rooney permitted to sue 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 was only 24 years of age when he was killed while on UN duty when the armoured vehicle he was driving from south Lebanon to Beirut came under fire in December 2022.
His mother Natasha Rooney, from Newtown Cunningham, 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 the death of Pte Rooney.
Her counsel Ray Motherway BL told the High Court on Tuesday 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 14, 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.
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 on December 14, 2022, Private Sean Rooney who was on a UNIFIL deployment in Lebanon was in a two-vehicle convoy.
The two vehicles became separated in or near Ai Aqbiyah, Lebanon, and Private Rooney came under gunfire and he was shot and killed.
According to the affidavit, investigations by the Irish Defence Forces are ongoing, a criminal prosecution in Lebanon is ongoing and a verdict form the Dublin Coroner's Court is awaited and it said there is 'currently limited information available to Ms Rooney regarding the relevant circumstances'.
Jurisdiction
As the United Nations has its 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.
Mr Mackin said the United Nations is a proper party to the proceedings as it was involved in the operation of UNIFIL and Pte Rooney was killed in action on a UNIFIL peacekeeping mission.
The Republic of Ireland, he said, was an appropriate jurisdiction to hear and determine the intended proceedings as the balance of the intended defendants have their main offices within the State and witnesses 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 against the United Nations 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, including the UN, will now be served on the United Nations, which will have 42 days to enter an appearance in the case.
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