Judge strikes out 15-year-old case over dismissal from Co Donegal school

The High Court has struck out, for reasons of delay, a damages claim brought by a teacher over being dismissed from a Co Donegal school in 2002.

PJ McGarry, Sligo Road, Ballina, Co Mayo, had in 2003 initiated proceedings against the Minister for Education, the State and the Board of Management of Carndonagh Community School.

In a preliminary application, the defendants asked the court to strike out the case due to alleged inordinate and inexcusable delay by Mr McGarry in bringing it to trial.

Mr McGarry, representing himself, accepted there was inordinate delay in advancing his case but argued the delay was excusable.

In his judgment on Thursday, Mr Justice Tony O’Connor said he was satisfied to strike out the case due to the delays involved.

The BOM and the State defendants would be prejudiced by the delays far more than Mr McGarry if the case was allowed to proceed, he held.

Mr McGarry, a teacher of agricultural science and biology, began teaching at the school in 1980 and was suspended in 1998 with pay. It was alleged he refused to teach classes he had been timetabled. He claimed he was suspended because he had raised several issues about the school.

In July 2002, he was dismissed from the school and in 2003 he took the proceedings for alleged wrongful dismissal and alleged harassment.

The BOM, represented by Rory White BL, and the Minister, represented by Jim Benson BL, denied the claims and argued the case should be struck out for want of prosecution and lengthy delay in advancing it. The delay meant they were prejudiced in their defence by the deaths and ill health of a number of relevant parties, they said.

Mr McGarry said the delay was caused by factors including a break down in his relationship with solicitors who had acted for him and by the manner in which the Minister had investigated his suspension between 1998 and 2003.

In his judgment, Mr Justice O Connor said while Mr McGarry’s sense of grievance for his own and the public’s position may remain, he was responsible, either directly or vicariously, for the significant delays in prosecuting these proceedings.

After considering all relevant material presented to the court, the judge said he was of the view Mr McGarry had the ability to have his grievances heard and determined within a reasonable time.

While it was not for the court to make any comments on his claims, it was satisfied, when it came to considering the balance of justice, the case should be struck out.