Soldier loses action against discharge

A soldier has lost her High Court challenge to her recommended discharge from the Defence Forces following her failure to pass…

A soldier has lost her High Court challenge to her recommended discharge from the Defence Forces following her failure to pass fitness tests.

Cheryl Mellett, who was admitted as a Naval recruit in November 2004 for a five-year period, passed her fitness test that year.

After suffering what she described as "a traumatic personal experience" in the Defence Forces in 2006, she failed her fitness tests in the years between 2006 and 2009 and gained considerable weight.

She underwent a gall bladder operation in September 2010 and suffered soft tissue injuries in an accident in January 2011.

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In his judgment yesterday, the president of the High Court, Mr Justice Nicholas Kearns, rejected claims she was not given the reasons for the recommended discharge and found she was well aware of the sole reason for consideration of her discharge.

Pte Mellett had herself accepted that being a member of the Defence Forces required achieving and maintaining the necessary level of physical fitness, especially when a member was being considered for extension of service, Mr Justice Kearns said.