Trainee garda loses claim for damages

A former trainee garda who claimed she became depressed after being effectively "forced to resign" from the force because she…

A former trainee garda who claimed she became depressed after being effectively "forced to resign" from the force because she failed a running test has lost her High Court action for damages.

Ms Karen Claire Keogh (26), now a restaurant manageress with an address at Fade Street, South Great George's Street, said that when she resigned as a trainee garda on March 16th, 1995, her dreams and hopes had been "smashed beyond repair".

She claimed she resigned following a series of misfortunes which arose when she had to complete a running test.

An earlier court hearing heard that Ms Keogh accepted she did not complete a 1.5-mile running test within the prescribed time for female gardai of 15 minutes and 10 seconds.

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Mr Michael Forde SC, for Ms Keogh, had claimed she was not "in the full of her health" on any of the occasions when she did the test and at some stage ran into a "psychological barrier" regarding it.

Mr Forde had told the earlier hearing that Ms Keogh was not seeking reinstatement but wanted damages for breach of contract and for an infringement of her constitutional rights.

In a reserved judgment yesterday, Mr Justice Morris said the core of Ms Keogh's complaint was that she was deprived of the opportunity of joining and being represented by the Garda Representative Association throughout the time that consideration was being given to her continuing as a trainee garda.

The judge said that the GRA was limited by legislation as to whom it might represent.

The legislation did not authorise or empower the Minister for Justice to extend the category of persons who might be represented or to extend the purposes for which these persons might be represented.

As Ms Keogh was not and never was a garda, the Minister might not provide that she be represented by the GRA, he said.