Trainee Garda challenges decision to let her go from force over failure to pass fitness test

A trainee Garda has launched a High Court action aimed at preventing the Garda Commissioner from dispensing with her services.
Trainee Garda challenges decision to let her go from force over failure to pass fitness test
File photo.

- with additional reporting by Ray Managh

A trainee Garda has launched a High Court action aimed at preventing the Garda Commissioner from dispensing with her services.

The action has been brought by Emma Roche, who claims the decision to end her time as a member of An Garda Siochana arises out of her failure to pass a component of a physical examination known as a beep test.

The test comprises of two shuttle runs 20 meters apart before a beep sound is given. She says that she failed to pass this particular test on a number of occasions between late 2017 and 2019.

Last October she was notified in correspondence from the Garda Commissioner that a decision had been taken to dispense with her services as a member of An Garda Siochana.

She appealed that decision through the Garda Representative Association.

However she claims while her probationary period was extended she was informed that her time with the Gardaí would end on April 10 last.

She claims the decision is unfair, and seeks to challenge it in High Court proceedings.

She has passed all other requirements and says she was sworn as fully attested member of the Gardaí following a ceremony at Templemore in 2017.

Ms Roche, who had been stationed at Mountjoy Garda Station in Dublin now seeks an injunction preventing the Garda Commissioner from dispensing with her services as a member of An Garda Siochana.

Last weekend Ms Roche, represented by John Temple Bl instructed by solicitor Ciaran Mulholland, secured permission from the High Court to serve short notice of her injunction proceedings against the Commissioner.

The application, which is opposed by the Commissioner, was briefly mentioned before Mr Justice Mark Sanfey today.

Martin Fitzgerald Bl for the Commissioner said that it his client's case that the decision has already been made before her lawyers came to court that her services have been dispensed with.

In reply, Mr Temple said his client disputes that claim, and said Ms Roche was informed last January that she had until April 24 next to obtain the fitness requirements.

The judge adjourned the matter to a date later this month to allow the parties put their arguments in written form.

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