A High Court challenge to the person appointed as Ombudsman of the Defence Forces has been brought by the Defence Forces representative organisation PDforra.
Earlier this month Patrick Anthony McCourt, a barrister and former Army officer, was appointed to the position.
In judicial review proceedings, PDforra and Patrick Gorman, a member of the Defence Forces who has a matter pending before the ombudsman, say Mr McCourt cannot hold the post due to his being a former officer.
They argue that the person holding the post must be independent in nature and the post cannot be held by a civil servant or member of the Defence Forces.
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Mr Justice Michael Peart granted leave to bring the proceedings and returned the matter to January.