Mother of Private Seán Rooney to sue UN over his death in Lebanon ambush

Natasha Rooney was granted permission by the High Court yesterday to pursue her case against the UN, which has its headquarters in New York.

Her legal action over Private Seán Rooney’s death is also being taken against the Defence Forces, the Minister for Defence and the State.

It comes after a military court in Lebanon indicted seven men over the attack. Taoiseach Micheál Martin welcomed the latest development regarding the UN.

He said: "Natasha Rooney has gone through a terrible trauma in respect of the murder of her son Seán, and we await the outcome of the trial in Lebanon.

"We have been very unhappy at the pace in which that trial has taken place: it’s been slow, and we’re looking for full accountability.

"We believe Hezbollah was primarily responsible for the death of Seán, but of course, full accountability and full transparency is owed to the Rooney family, so I welcome developments."

 In her High Court case, Ms Rooney, from Newtown Cunningham, Co. Donegal, is claiming damages for the mental distress she and her family have suffered.

In an affidavit grounding the application, solicitor Darragh Mackin, of Phoenix Law solicitors, said that her son 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 UN-marked armoured SUV-type vehicle had been 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 the Irish soldier was killed.

Ms Rooney alleges that UN officials ordered soldiers at the Irish base to stand down from going to assist, believing that other peacekeepers may have been closer.

According to the affidavit, investigations by the Defence Forces are ongoing, a criminal prosecution in Lebanon is ongoing, and a verdict from the Dublin Coroner’s Court is awaited.

Pte. Sean Rooney's coffin arrives home.

It said the information which had been given to Ms Rooney concerning the circumstances of her son’s death was ‘limited’.

Mr Mackin said it was necessary to obtain the court’s approval to serve the intended proceedings on the UN, as it was based outside this jurisdiction.

He said the UN was a proper party to the proceedings as it was involved in the operation of UNIFIL (United Nations Interim Force in Lebanon), and Pte Rooney was killed in action on a UNIFIL peacekeeping mission.

However, he said the case should be heard in Ireland, as most of the intended defendants have their main offices here and witnesses are likely to be resident in Ireland too. He said it would also save costs, rather than having the dispute litigated in Lebanon or the US.

Pte Rooney’s family has pressed the UN to make crucial reports linked to the young soldier’s death available to his inquest, being conducted by the Dublin District senior coroner, Dr Myra Cullinane.

The coroner’s court heard that the UN had carried out reports which had not yet been made available to the inquest. These include an investigation carried out on the ground as well as a subsequent UN board of inquiry report.

The hearing was told that there had also been a report ten months prior to the incident that raised concerns about the integrity of the UN vehicles involved. However, it was heard that there were issues around disclosing these reports.

Yesterday, Judge Paul Coffey granted permission to Ms Rooney to issue a plenary summons against the United Nations, outlining the allegations against it, and to serve it on the UN based in New York.

The UN will then have 42 days to enter an appearance in the case. In March, RTÉ reported the UN would share more details with Pte Rooney’s family about its investigation into his death, via Ireland’s diplomatic mission with the UN in New York.

Last November, the Government appointed Michael Delaney SC to investigate matters surrounding the killing of Pte Rooney. Mr Delaney was asked to examine the training and briefing of Defence Forces personnel, as well as the planning of the convoy.

He may identify areas for learning and recommend changes. His investigation will not look into criminal matters surrounding the attack, as these fall under the remit of a criminal investigation being carried out in Lebanon, where a military court has indicted seven men over the incident.

It previously said all were either members of Hezbollah or another allied group. Hezbollah has denied involvement in the attack.

* This article was originally published on Extra.ie.