A prospective Garda recruit yesterday secured a High Court order for a judicial review of a decision by Garda Commissioner Pat Byrne not to admit him as a trainee Garda. Mr Sean McClafferty, of Highfield Park, Dundrum, Dublin, argued the Garda Surgeon failed to medically examine him as required under statutory instrument.
He said he was refused a Certificate of Fitness because of the policy of the Commissioner not to admit Garda applicants who have had a form of eye surgery - photorefractive keratectomy - notwithstanding the absence of clinical or ophthalmic medical grounds justifying such a policy.
Mr McClafferty submitted both the Commissioner and Surgeon erred in law in applying a fitnessfor-admission standard that was pre-set and arbitrary. He claimed they failed to fulfil their statutory duty to medically examine him.
In an affidavit, he said at no stage was he ever informed, nor did any of the documents he had received indicate, that a person who has undergone any kind of procedure or eye operation was debarred from entering the Garda.
He was, on the contrary, guided by the belief that the Garda Commissioner could not possibly set an arbitrary standard which discriminated, in terms of fitness, against persons who had merely had an operation.
Such discrimination was arbitrary and unjustified, he said.
Ms Justice McGuinness granted leave to challenge the Commissioner's decision.