Probationary Garda who failed part of physical exam loses injunction bid

A probationary Garda has failed to get a temporary injunction preventing the Garda Commissioner dispensing with her services.

Emma Roche claims the decision to end her time as a member of An Garda Síochána arises out of her failure, on a number of occasions between 2017 and 2019, to pass part of a physical examination known as a beep test.

The test comprises of two shuttle runs 20 metres apart before a beep sound is given.

The court heard Ms Roche had passed all other requirements and she said she was sworn as a fully attested member of the Garda following a ceremony at Templemore in 2017.

She had previously been a member of the Garda reserve and all she wanted to do was serve as a member of the organisation in which her father had served for many years, the court was told.

Her counsel John Temple said Ms Roche had been stationed at Mountjoy Garda Station in Dublin, had an “exemplary record” in the area she had served and had received references from other members of An Garda Síochána including her superiors.

Ms Roche claimed the Commissioner's decision to dispense with her services was unfair and, in High Court proceedings against the Commissioner, she sought various orders, including an injunction allowing her continue to work as a garda pending the full hearing of the case.

Represented by Mr Temple, instructed by solicitor Ciaran Mulholland, Ms Roche previously got permission to serve short notice of the injunction proceedings on the Commissioner.

The application for the injunction was opposed by Martin Fitzgerald BL, for the Commissioner.

In a ruling on Wednesday, Mr Justice Michael Twomey refused the injunction.

He said the key issue in the injunction application was the fact Ms Roche had been informed last October her services were to be dispensed with on April 10th.

This was before her lawyers came to court over the Easter weekend seeking various orders, including the temporary injunction.

While the court was not saying the points raised by Ms Roche in her case would not succeed at a full hearing of the matter, the Commissioner’s decision had already come into effect and, at this stage, could not be injuncted, the judge said.

The application arose after the Commissioner notified Ms Roche last October a decision had been taken to dispense with her services as a member of An Garda Síochána.

She appealed that decision through the Garda Representative Association and her probationary period was extended on occasions.

Earlier this year, she was informed the Commissioner intended to proceed with the decision to dispense with her services.