A student who was expelled from a secondary school over videoing and posting on social media a classmate snorting white powder - which turned out to be sugar - has brought a fresh High Court challenge.

The student, who is due to sit his Leaving Certificate this year, was one of two students who last year were formally expelled by their school after the video went up on social media.

Last December the students got injunctions against the school board of management allowing them attend school for the academic year pending full and final determination of their proceedings.

In the High Court this week, Mr Justice Seamus Noonan was told both students had appealed the decision to expel them and brought their cases to the Department of Education.

Two independent three-person committees were set up under Section 29 of the 1998 Education Act to hear their appeals in late January.

In the case of one of the students, a committee decided to uphold his appeal. In the case of the second student, his appeal against expulsion was turned down.

The court heard the appeal committee accepted the second student he was not responsible for the wide dissemination of the video which had been copied by a third student.

In his challenge against the decision of the committee, the second student is seeking an order quashing its decision to disallow his appeal against expulsion.

It is claimed he had co-operated with the school, showed contrition and was willing to engage in a programme of voluntary work.

It is also claimed that if one appeal was allowed, then the other appeal should also have been allowed. Both appeals should have been heard by the same committee, it is also claimed

Mr Justice Noonan granted leave for the student to bring the judicial review following a one side only represented application.

The school is a notice party to the latest proceedings.

Online Editors