A FORMER Post Office clerk, who was convicted in 1974 of membership of an illegal organisation, yesterday failed in his High Court claim that the termination of his employment was unconstitutional.
Mr Tony McDonnell (50) a butcher from Gibbstown, Co Meath, brought his action against the State and An Post claiming damages and loss of wages.
He told the court he thought he had paid his debt to society, having served nine months in jail. He felt aggrieved and believed he should have been taken back.
After his release, he wrote to the post master in Navan, where he had been employed, seeking reinstatement but was told that under Section 34 of the Offences Against the State Act he had forfeited his position in the public service. An Post told him it had no obligation to employ him.
Miss Justice Carroll, giving her decision, said that following a Supreme Court ruling in 1991 that Section 34 was unconstitutional, Mr McDonnell began his action - more than 16 years after the purported forfeiture of his position.
The essential argument by Mr McDonnell, said Miss Justice Carroll, was that he never automatically forfeited his office as a civil servant.
She held the Statute of Limitations applied (that he was out of time) and was barred from bringing his action against the State.
A stay was granted in the event of an appeal.