Soldier deemed too fat and unfit to serve has finished five marathons
Published 28/08/2015 | 02:30
A soldier, who is considered too fat and unfit to serve his country, has been given leave of the High Court to legally challenge a decision of the Minister for Defence not to allow him extend his military service.
As well as challenging a decision to discharge him from the Permanent Defence Forces next month, Private Denis Dowd will seek a declaration that a Medical Corps Instruction, insofar as it refers to obesity, is repugnant to the Constitution.
Michael Howard SC, counsel for Pte Dowd, told Ms Justice Mary Faherty in the High Court that Pte Dowd's body mass index (BMI) was considered too high to allow him continue to serve in the army despite the fact that he is a keen sportsman and runs marathons.
Mr Howard said Pte Dowd had undergone a medical assessment which deemed his BMI so high it would prevent him obtaining a required medical classification to allow him extend his service.
The court heard that despite having undergone a strenuous programme to reduce his BMI, he had been informed by his commanding officer he would not be recommending an extension of service because of his medical classification. An appeal was disallowed.
Mr Howard told Judge Faherty that the method of assessing BMI used by the Defence Forces was crude. He said other more accurate body fat indicators, including a skinfold calliper test, should have been carried out.
He said if such a test had been applied, it would have resulted in Pte Dowd being given a medical classification that would have resulted in his service being extended. A doctor who assessed Pte Dowd said that he was sufficiently physically fit to be given a medical classification allowing his service to be extended.
Mr Howard said Pte Dowd could run 10km in under 50 minutes, three times a week. He had finished five marathons, plays rugby with his local club and does circuit training twice a week. He also represented the Defence Forces in handball and soccer.
Pte Dowd is seeking to quash the decision to discharge him and overturn the decision not to recommend him for extension of service. He wants a declaration that in assessing his health and suitability to remain in the Defence Forces on the basis of his BMI, the respondents had acted unlawfully, unfairly and unreasonably and contrary to provisions of the Defence Acts 1954 to 2007.
Judge Faherty granted him leave to seek a judicial review of his situation and placed a temporary stay on his discharge from the Defence Forces. The matter was put back until mid-November.