A FORMER trainee garda told the High Court yesterday she would not have been "forced to resign" from the Garda if she had been allowed to join and had had the support of the Garda Representative Association (GRA).
Ms Clare Keogh (26), a restaurant manageress, of Fade Street South Great George's Street Dublin, claimed she left following a series of misfortunes when she had to complete a running test.
When the matter was first before the court in March Ms Keogh's counsel said his client claimed she did not get a fair deal from the Garda and, faced with a "resign or be fired" situation she resigned.
She got permission to seek an order quashing the Garda Commissioner's decision of March 16th, 1995, purporting to terminate her assignment as a trainee.
She claimed her studies were satisfactory until she severed a muscle in her right leg while doing a physical exercise known as "circuits". She was on crutches for three or four weeks. During the first run after her return she suffered a recurrence.
Later, she had shin splints, making running difficult. She failed a fitness test and missed a class running test because of flu. She then had to run on her own and on the final lap had to give up.
Later, a Garda superintendent told her she had failed again and he, was recommending she be dismissed. He advised she might prefer to resign.
Yesterday, Mr Justice Budd agreed that Ms Keogh, in her claim against the Commissioner and Minister for Justice, could also seek a declaration that the prohibition against her becoming a GRA member while a trainee was invalid and unconstitutional.
In an affidavit, Ms Keogh said that had she been a GRA member she could have relied on its advice and support and would not have been so isolated. She would not have been forced to resign.