A LEGAL challenge has been brought over the appointment of the Ombudsman of the Defence Forces.
Last year, President Michael D Higgins, on the recommendation of the Government, appointed barrister and retired army officer Patrick Anthony (Tony) McCourt to the role.
In a challenge brought by both the representative association PDFORRA and Patrick Gorman, a member of the Defence Forces who has a matter pending before the ombudsman, it is claimed Mr McCourt cannot hold the post because he is a former member of the Defence Forces.
The action is against the Government, the Ombudsman for the Defence Forces, the State and the Attorney General.
They had opposed the action, and in a statement of opposition say Mr McCourt, who retired from the defence forces in 2010, is not prohibited from holding the post of ombudsman.
The case continues next week.