A decision to discharge a 21-year-old woman who is a coeliac sufferer from the Naval Service was overturned by the High Court yesterday.
Ms Maria Fitzgerald, Loretto Park, Friar's Walk, Cork, became a naval recruit in August 1999. After 158 days of training, she received the highest gradings in relation to military fitness, vision and hearing.
Following a medical examination, she was found to be a coeliac sufferer and the Defence Forces' medical board approved her discharge. A coeliac is intolerant of gluten in wheat, barley and rye and in most foods containing those cereals.
In a reserved judgment yesterday, Mr Justice McKechnie said there was a policy direction from the Director of the Medical Corps in relation to the coeliac condition. Nonetheless, as was stated in that policy direction, each individual case must be assessed separately.
The judge put a stay on his decision in the event of an appeal.