A TRAINEE garda claimed in the High Court yesterday she was put in a "resign or be fired" position after failing to complete a running test within a stipulated time following an injury.
Mr Justice McCracken gave leave to Ms Karen Clare Keogh (26) to seek an order quashing the Garda Commissioner's decision of March 16th, 1995, purporting to terminate her assignment as a trainee.
Ms Keogh, of Fade Street, South Great George's Street, Dublin, said in an affidavit that in 1994 she was accepted as a Garda trainee.
Her studies at Templemore were proceeding satisfactorily until the fifth week of training when she severed the quad muscle of her right leg when completing an exercise known as "circuits". She had to use crutches for three to four weeks and had physiotherapy. During this time, she studied and passed all examinations.
After a medical examination she was told she was fit to resume full duties. In her first run after returning, the injury recurred. She was again certified unfit.
When her quad muscle had all but healed, she developed "shin splints" which made running difficult. She had to take a fitness test, which consisted of running 1.5 miles in 15 minutes. During the run, she pulled up with pain. She had further physiotherapy.
After another two weeks she completed the run, but exceeded the time by about 20 seconds.
After the Christmas holidays she did a trial run with two recruits and was told she had completed it within the time. When the rest of the class took the test the next week she had flu. She was told later she would have to take the run on her own.
She suffered a panic/asthma attack when she realised that if she did not complete the run she was in serious difficulty. On the final lap, her breathing was so restricted she had to give up.
Later that week, the superintendent told her that as she had failed again, he was forwarding her file to the Commissioner, recommending she be dismissed. He advised that she might perhaps prefer to resign. She formally resigned.