[Article] Schoolgirl gets €5,000 for slander and assault on Luas

[Colm Moore]

http://www.irishtimes.com/newspaper/...282072322.html

Schoolgirl gets €5,000 for slander and assault on Luas
RAY MANAGH

A SCHOOLGIRL who was restrained from boarding the Luas in Dublin despite having a ticket has been awarded €5,000 damages for slander and assault.

Barrister Fiona Pekaar told the Circuit Civil Court that Shauna Dowdall in 2008 (then 15) had bought a ticket to the city centre at the Fatima stop near her home in St Theresa’s Gardens, Dublin.

She had travelled on the Luas to the Museum stop where she had got off, midway in her journey, to meet a friend. As they had attempted to board the tram, she had been pushed back on to the platform on the basis she did not have a valid ticket.

Ms Pekaar told Circuit Court president Mr Justice Matthew Deery that Shauna, who is now 17, had felt embarrassment and distress for some time after the incident at what had happened.

She said Shauna had a valid ticket and it had been her intention to continue into town with her friend. She had stepped off the tram at the Museum to meet her friend but had been prevented from boarding again.

Ms Pekaar said that unfortunately Shauna had not retained her ticket and the evidence would be confined to that of herself and her friend.

She said the defendants which operate the Luas, Veolia Transport Ireland Ltd, had offered €5,000 damages to Shauna and she was recommending that the court approve of the offer. Mr Justice Deery approved the settlement and directed the money be paid into court until Shauna’s 18th birthday next July.

[Thomas Ralph]

And there was me thinking there was no break of journey allowed on the Luas!

[Mark Gleeson]

No break is allowed, so legally the RPA/Veoila were correct to refuse access but physical restraint is not permitted.

[weehamster]

But was there a break? Did she not try to get back on the same tram or was it a totally different tram?

[Mark Gleeson]

Still no ticket could be produced...

[pixiebean22]

The way I read that is that girl A is on tram and hops off at the museum to grab her friend and bring girl B onto the tram. That to me signifies no break in travel considering she is trying to get back on the same tram.

Also, "Shauna had not retained her ticket", I presume they mean she had not retained her ticket all these months while waiting on a court date?

[Mark Gleeson]

Legally (and I had this confirmed to me this evening) stepping off the tram is a break of journey and therefore requires a new ticket.

Obviously we don't have all the facts so hard to form an opinion other than physical interaction between an RPA/Veoila member of staff where a passenger is detained is going to lead to trouble.

[James Shields]

This seems a bizarre story - I thought Luas practice was not to check tickets when boarding trams, but to issue a fine if you can't produce a valid ticket once you're there.

Regarding breaks in journeys, how can they be prevented? Isn't the ticket valid for 90 minutes after issue?

[Mark Gleeson]

We don't have the details, but imagine this

Person gets off tram stands around waits a few minutes and then gets on the next tram - thats a break of journey and an inspector seeing that moves to strike.

Busaras, Heuston, Sandyford and Red Cow are an allowed case as passengers may be forced to change there, a separate case as is Abbey Street - Stephen's Green

You have 90 minutes to complete the outward leg of the journey