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Trainee garda who failed fitness tests takes court action in bid to save job

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Emma Roche has taken a High Court action over a bleep test

Emma Roche has taken a High Court action over a bleep test

Emma Roche has taken a High Court action over a bleep test

A trainee garda has launched a High Court action aimed at preventing the Garda Commissioner from dispensing with her services.

The action has been brought by Emma Roche, who claims the decision to end her time as a member of An Garda Siochana arises out of her failure to pass a component of a physical examination known as a bleep test.

The test comprises two shuttle runs, and she says she failed to pass that particular test on a number of occasions between late 2017 and 2019.

Appealed

She was notified last October in correspondence from the Garda Commissioner that the decision had been taken to dispense with her services as a member of An Garda Siochana.

She appealed that decision through the Garda Representative Association.

However, she claims that while her probationary period as a garda was extended, she was informed that her time as an officer would end last April 10.

She claims the decision was unfair, and is seeking to challenge it in proceedings in the High Court.

She has passed all other requirements, and says she was sworn in as a fully-attested member of the force following a ceremony at Templemore in 2017.

Ms Roche, who had been stationed at Mountjoy Garda Station in Dublin, now seeks an injunction preventing the Garda Commissioner from dispensing with her services.

Last weekend Ms Roche, who is represented by John Temple BL, secured permission from the High Court to serve short notice of her injunction proceedings against the commissioner.

The application, which is opposed by the head of the force, was briefly mentioned before Mr Justice Mark Sanfey yesterday.

Martin Fitzgerald BL, for the commissioner, said it was his client's case that the decision had already been made before her lawyers came to court that her services had been dispensed with.

In reply, Mr Temple said his client disputed that claim, and added that Ms Roche was informed last January that she had until April 24 to obtain the fitness requirements to join the force.

The judge adjourned the matter to a date later this month to allow the parties to put their arguments in written form.