[Article] Brother loses claim against ticket clerk

[Colm Moore]

http://www.irishtimes.com/newspaper/...270806440.html

Brother loses claim against ticket clerk

An Irish Rail ticket clerk said a religious brother had used bad language after having been refused a free travel train ticket at Heuston station, the Circuit Civil Court in Dublin heard yesterday.

Judge Jacqueline Linnane dismissed a €38,000 claim for damages by Br Malachy Buckley.

Br Buckley (78), De La Salle Monastery, Beneavin Road, Dublin, said he had presented a photocopy of his free travel pass to Adrienne Hyland who said it was “a counterfeit” and had thrown it on the ground. Br Buckley claimed the words suggested he was dishonest and a thief.

Ms Hyland said he thumped the counter with his fists, saying he was “not f...ing moving”.

[karlr42]

Further highlighting the desperate need to overhaul the free travel scheme.

[Mark Gleeson]

Christian Brother who turned air blue loses slander case

By Ray Managh
Friday May 21 2010
A Christian Brother told a ticket clerk he was "not f**king moving" after being refused a free train ticket by Irish Rail, a court was told.

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

Br Buckley (78), of De La Salle Monastery, Benevin Road, Dublin, was also ordered to pay the rail company's legal costs.

Br Buckley told the Circuit Civil Court in Dublin that in March 2009 he had presented a photocopy of his free travel pass to ticket clerk Adrienne Hyland at Heuston Station. He claimed Ms Hyland had stated "this is a counterfeit" . When he had presented his actual travel pass from his wallet she had said: "This is also counterfeit."

Br Buckley claimed the words, allegedly spoken in a crowded ticket hall, suggested he was dishonest and a thief. He told the court that he might have used "language" but did not remember.

Ms Hyland told the court that Br Buckley had been wearing normal clothes and she did not know he was "clergy". She added his pass was a black and white flimsy photocopy.

Br Buckley, she said, thumped the counter with his fists before security men eventually moved him aside. She said that he had not presented his actual pass.

She told the court that 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. Judge Linnane, dismissing Br Buckley's claim, said she preferred Ms Hyland's account of events.

- Ray Managh

Irish Independent

http://www.independent.ie/national-n...e-2188425.html