‘Fat and unfit’ soldier set to legally challenge discharge

A soldier considered too fat and unfit to serve has been given leave of the High Court to legally challenge a decision of the defence minister not to allow him extend his military service.

As well as challenging a decision to discharge him from the Permanent Defence Forces next month, Private Denis Dowd will seek a declaration that a Medical Corps Instruction, insofar as it refers to obesity, is repugnant to the Constitution.

Michael Howard, for Pt Dowd, told Ms Justice Mary Faherty in the High Court that his body mass index (BMI) is considered too high to allow him continue in the Army despite the fact he is a keen sportsman and runs marathons and 10k races.