herald

Tuesday 21 November 2017

Monk turned air blue in train row

cOURT: Judge backs inspector's evidence

A Christian Brother told a ticket clerk he was "not f****** moving" after having been refused a free train ticket by Irish Rail, a court has heard.

Judge Jacqueline Linnane dismissed a €38,000 damages claim by Bro Malachy James Buckley for defamation, slander, false imprisonment and assault and battery.

Mr Buckley (78), with an address at the De La Salle Monastery, Benevin Road, Dublin, was also ordered to pay the rail company's legal costs.

He told the Circuit Civil Court that in March 2009 he had presented a photocopy of his free travel pass to Adrienne Hyland at Heuston Station and had asked for a ticket to Athy, Co Kildare.

She had stated "this is a counterfeit" and had thrown it on the ground. When he had presented his actual travel pass from his wallet she had said: "This is also counterfeit."

Mr Buckley claimed the words, allegedly spoken in a crowded ticket hall, suggested he was dishonest and a thief.

Cross-examined by Gerard O'Herlihy for Irish Rail he said he might have used "language". He did not remember.

Ticket clerk Adrienne Hyland told Mr O'Herlihy that Mr Buckley had been wearing normal clothes and a soft cap and she did not know he was "clergy."

The pass was a black and white flimsy photocopy and she had told him she was unable to accept it. He had become quite agitated, thumping the counter with his fists, and she had called security men who eventually moved him aside. He had not presented his actual pass.

She told Mr O'Herlihy she suffered from Bell's Palsy which altered one's speech and the word "counterfeit" would be difficult for her to say.

It was not in her vocabulary and she had not used the word, she said.

Judge Linnane, dismissing Buckley's claim, said she preferred Ms Hyland's account of what had happened.

hnews@herald.ie

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