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A probationary garda has brought a High Court challenge to the Garda Commissioner's decision to dispense with her services.
Orlaith Fahy had been stationed at Finglas and Blanchardstown Garda Stations during her probationary period since 2016.
She was also studying for a BA in Applied policing but after failing a fitness test she was told last February that, as she was now ineligible to complete the BA course, this was “an essential prerequisite” to becoming a garda.
She claims there is no provision in the Garda regulations entitling the commissioner to deem the attainment of the BA is an essential prerequisite.
Mark Harty SC, with Breffni Gordon BL,instructed by Hughes Murphy Solicitors, was on Thursday granted leave to seek a judicial review of the decision. The application was made on a one-side only represented basis.
Mr Harty said the commissioner’s decision has already taken effect and he was not seeking any stay on it but seeking to quash it by judicial review.
He said his client had performed her duties with distinction, demonstrating exceptional proficiency and completed her period of service, on probation, with an unblemished record.
In her judicial review, she seeks orders and declarations including that the commissioner misapplied and/or misconstrued the relevant regulations and the procedures he operated were wholly artificial and had no appreciable prospect of conferring any benefit on her.
She seeks a declaration the procedures were also lacking transparency and failed to provide any sufficient reasoning for the decision.
She also seeks a declaration the decision was predetermined and had an inevitable outcome.
The commissioner also failed to assess her ability to be an efficient and effective member of the Garda in the manner provided for the in the regulations, it is claimed.
Mr Justice Charles Meenan, on Thursday, granted leave to bring proceedings as an arguable case had been made out and said the matter could return in June.