A woman who claimed she became very depressed after she was effectively "forced to resign" as a trainee garda because of her failure to pass a running test yesterday began a High Court action for damages.
Ms Karen Clare Keogh said that after she resigned from the Garda on March 16th, 1995, she felt her world had come to an end. She left Templemore that day not knowing who she was.
She said that over the following months she was greatly depressed and felt very alone and very hurt "that my preferred choice of career had been so summarily taken from me".
She claimed the prohibition on trainee gardai joining the Garda Representative Association (GRA) was an infringement of her constitutional right to freedom of association. She said that if she had been allowed join the GRA, she might have successfully challenged the fitness test requirement and might not have resigned because she would have had support and advice available to her.
Ms Keogh (26), a restaurant manageress, of Fade Street, South Great George's Street, Dublin, claimed she resigned as a trainee garda in March 1995 following a series of misfortunes which arose when she had to complete a running test.
She alleges she was effectively compelled to resign and is seeking damages in judicial review proceedings against the Garda Commissioner and the Minister for Justice.
The defence denies the claims.
Dr Michael Forde SC, for Ms Keogh, said his client was not seeking reinstatement within the Garda but damages for breach of contract and a declaration that her constitutional right to freedom of association was infringed because, as a trainee garda, she could not join the GRA and have it act on her behalf in relation to her resignation from the force.
Supt Kevin Ludlow, academic co-ordinator at the Garda Training College, in an affidavit rejected the claims made by Ms Keogh.
He said no decision was made by the Garda Commissioner to terminate Ms Keogh's appointment as a student garda. He said she was among a group of students who were told that physical conditioning was one of the compulsory elements of the training course. In order to pass the subject as a whole, they had to pass physical conditioning which involved three tests, in sit-ups, push-ups and a 1.5-mile run.
Those tests were carried out over the weeks of phase one. If the standard was not reached in the third test in any of the three areas then the student was deemed to have failed.
He said Ms Keogh had failed to pass the running test despite having had several opportunities to do so and being afforded counselling and assistance.
Mr Justice Morris reserved judgment.