A HIGH Court action by a young man over several refusals to admit him as a Garda recruit despite allegedly meeting all the criteria was dismissed on consent after a short hearing yesterday.
Aidan O’Shea had claimed the real reason for the failure to recruit him was because he made a complaint of assault against another man who allegedly had connections with the Garda. That man had told him that if he did make any complaint of assault, he would not be accepted into the Garda, Mr O’Shea alleged.
The court was told Mr O’Shea achieved first place in the country in one stage of the recruit selection process and was expressly recommended by a Garda superintendent for admission as a trainee but, despite this, was refused admission.
Mr Justice Michael Hanna yesterday began hearing judicial review proceedings by Mr O’Shea, Ballincollig, Co Cork, for orders quashing a decision of 2005 refusing to recruit him as a trainee garda and requiring he be admitted or that his application be reconsidered. However, yesterday afternoon, the judge was told the action could be dismissed on consent of both sides.
In an affidavit, Mr O’Shea said that ever since he was a child, it has been his dream and ambition to become a garda. He met the relevant age, health and other criteria, had never been charged or convicted of any offence and never come to the attention of the Garda. He claims he had participated in five selection competitions and was informed he had secured first place in one of those processes. However, he was unsuccessful in all the competitions.
He initiated his legal action after the latest refusal of September 2005 which said he was rejected because he was “generally unsuitable”. He claims there has been a “steadfast” refusal to outline reasons for that view, and several efforts to gain access to his file have been refused.
He claimed the real reason for his being refused arose from his being assaulted by another man at Dunmanway in May 2001. He claims that man had connections to the Garda and had warned Mr O’Shea that if he made any complaint of assault, he would never be admitted to the Garda.
Mr O’Shea said he did make a formal complaint of assault against the man which he later withdrew although, he said, the complaint was true. He said he withdrew it because he did not wish to pursue the matter to court. He said gardaí had called to his parents home in 2004 stating the refusal to admit him was final.
In opposing the proceedings, the State and Garda Commissioner denied the claims and said the refusal of admission was at the discretion of the Garda and not open to review by the courts.
They denied any breach of Mr O’Shea’s rights and contended the refusal of admission was based on several factors. They expressly denied the refusal was related to any representations by or on behalf of members of the force and further denied that the man who allegedly assaulted Mr O’Shea has connections to the Garda.
