Army discharge ruling deferred

The High Court has reserved judgement on an action by an Army champion athlete to prevent his discharge from the Defence Forces…

The High Court has reserved judgement on an action by an Army champion athlete to prevent his discharge from the Defence Forces because he suffered epileptic fits.

Sgt Stephen O'Toole of Beechfield, Portlaoise, Co. Laois, claims that he was diagnosed as having "simple partial epilepsy" but the Army medical authorities claim he was diagnosed as suffering from "grand malepilepsy".

In judicial review proceedings, Sgt O'Toole is seeking an order quashing a decision to re-grade him on the grounds that he was suffering from epilepsy. Mr Justice Geoghegan yesterday reserved judgement.

The soldier has won medals for cross-country and marathon running, boxing, swimming and at national triathalon championships, since joining the Army in 1974.

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The court was told Sgt O'Toole has had no seizures since 1991, when he had two, and another in 1993. He had been on medication and remained seizure free.