A university student has brought a High Court challenge over what she says is the wrongful inclusion of a criminal conviction against her on a disclosure issued by the Garda National Vetting Bureau.
Kathleen Joyce, who is in the third year of a degree in social studies at Trinity College Dublin (TCD), has brought proceedings over the disclosure which states she was convicted of theft and received an 18-week custodial sentence from a Welsh Court in November 2017.
Ms Joyce, of Mayeston Green, St Margaret’s Road, Dublin 11, says another person with the same name received the conviction and served the sentence at Stiles Prison in Manchester. She has appealed that finding.
However, she has been unable to get the bureau to confirm that she is not the person convicted in 2017 in Wales and correct the vetting disclosure through its formal dispute resolution process.
In judicial review proceedings against the Garda Commissioner and the bureau, Ms Joyce seeks an order directing the bureau to consider and determine the dispute process relevant to her previous convictions.
Ms Joyce, represented by Feichin McDonagh SC, Brendan Hennessy BL instructed by Rogers Law solicitors, told gardaí that the matter before the Welsh court had nothing to do with her. Mr McDonagh said it was confirmed to his client that the Garda Pulse system shows the person convicted is somebody else.
Different people
A picture attached to a record of the conviction clearly shows that his client and the person convicted are two different people, counsel said. Despite being told the matter is being considered by the bureau, no progress has been made on her request since last April, counsel said.
As part of her studies Ms Joyce is required to complete several work placements, counsel said. Before she can commence those placements she must undergo a vetting procedure conducted by the bureau, which is disclosed to the college and anybody that takes her on placement.
She set out all her previous convictions in the vetting disclosure she submitted in September 2017 in accordance with the course she is studying for.
Counsel told the court that his client received criminal convictions between 2006 and 2014 for offences including assault, handling stolen goods and intoxication in a public place, all while she was under the influence of alcohol and drugs.
In the last five years, Ms Joyce has turned her life around, become drug and alcohol-free through counselling, commenced her undergraduate studies and has not committed any offences nor had any convictions against her since 2014.
Counsel said Minister of State Mary Mitchell O’Connor, Labour TD Jan O Sullivan and Social Democrats TD Róisín Shortall have communicated with gardaí seeking clarification and progress on the matter on Ms Joyce’s behalf.
Exception
Counsel said TCD was supportive of Ms Joyce and the situation she has found herself in, but that she cannot complete her course without doing the placements. The college last year made an exception and allowed her to bypass the work placement requirement until the vetting issue was resolved.
He said it was done on the understanding that the matter would be resolved before the next required placement, which is due to commence this month.
However, counsel said the college has advised her if the matter is not resolved in the next few weeks she would have to defer the year as she cannot complete the academic year without a placement.
Permission to bring the action was granted on an ex parte basis by Mr Justice Seamus Noonan. The Judge made the matter returnable to a date later this month.