A CO DONEGAL garda was granted permission yesterday by Mr Justice Geoghegan in the High Court to seek a review of a district judge's orders that he give a blood test and pay maintenance in a paternity claim.
Garda Gerard Curran, of Killult, Falcarragh, claimed in an affidavit that a test carried out in 1992 excluded him from paternity of an infant girl.
Mr Gerry Kelly, counsel, read an affidavit on behalf of Garda Curran who said proceedings were issued against him in Letterkenny District Court on January 22nd, 1992, seeking to establish that he was the father of the infant.
Garda Curran said an order was made directing that blood tests be carried out on him, on the child and on its mother. The test on him was carried out in May 1992 and the report excluded him from paternity. At the time, an objection was made as to the result and/or to the manner in which the test was carried out.
No action was taken on foot of these objections until May this year, said Garda Curran when District Judge Liam McMenamin ordered a new test.
Garda Curran said the original, 1992 test was properly carried out and there were no reasonable grounds for seeking further tests. It was unreasonable and contrary to natural justice and in breach of his constitutional rights that after a four year lapse he should now be subjected to further tests.
Garda Curran said that on October 17th last, at a time when the only evidence properly before the court ought to have been evidence of his exclusion from parentage of the child by virtue of the 1992 blood test, an order of maintenance was made against him in respect of the child.