An Army champion athlete has taken a High Court action to prevent his being discharged from the Defence Forces because he suffered epileptic fits.
Sgt Stephen O'Toole of Beechfield, Portlaoise, Co Laois, claims he was diagnosed as having "simple partial epilepsy" but the Army medical authorities claim he was diagnosed as suffering from "Grand Mal Epilepsy".
In judicial review proceedings, Sgt O'Toole is seeking an order quashing a decision to regrade him on the grounds that he was suffering from epilepsy.
The soldier has a long list of athletic achievements since he joined the Defence Forces in 1974, including medals for cross country, marathon running, National triathlon championships, swimming and boxing.
Mr John Trainor SC, for Sgt O'Toole, yesterday told Mr Justice Geoghegan that his client had had no seizures since 1991, when he had two, and another in 1993. He had been on medication and remained seizure-free.
In an affidavit, Sgt O'Toole said medical gradings went from Class A to Class E. In September 1991, following his epileptic attack, he was regraded to Class C. He continued as a physical training instructor without difficulty.
In February 1994 he was accepted for a further two-year period in the Army. But in July 1996 he was told to work until the following month and then to take annual leave until December 1996.
This came as a complete surprise and seemed to have resulted from a decision by medical personnel that because of his epilepsy he was no longer fit to continue in service. He was regraded to Class E.
He claimed there were five other members of the Armed Forces with epilepsy who had been permitted to continue in service and had not been regraded. There had been no explanation why he had been treated differently.
The Minister for Defence and the State deny Sgt O'Toole's claims. The Army says it decided the matter on the basis of Sgt O'Toole's having been diagnosed as suffering from Grand Mal Epilepsy. The Army denies it treated him differently from other soldiers.
The hearing continues today.