Judge condemns lack of ‘civility and good manners’ on buses

High Court president speaks on dismissing defamation action against Dublin Bus driver

Simone Connington (34),  of Upper Dominick Street, Dublin,  after Mr Justice Nicholas Kearns dismissed her defamation action against a Dublin Bus driver. The judge said that ‘it is regrettable that civility and good manners seem to be a thing of the past where the interface between drivers and some members of the public is concerned’. Photograph:  Collins Courts
Simone Connington (34), of Upper Dominick Street, Dublin, after Mr Justice Nicholas Kearns dismissed her defamation action against a Dublin Bus driver. The judge said that ‘it is regrettable that civility and good manners seem to be a thing of the past where the interface between drivers and some members of the public is concerned’. Photograph: Collins Courts

The President of the High Court has said it is "hard to understand" how Dublin Bus drivers are expected to deal with problems among passengers in addition to heavy traffic and taking fares.

Mr Justice Nicholas Kearns made the remarks when dismissing a woman's defamation action against Dublin Bus over allegedly being humiliated during an incident on the Number 27 bus in Coolock on January 21st, 2014.

The judge said that citizens of Dublin are well aware of the problems drivers face with the “exponential” increase in traffic over the last 20 years and the disappearance of conductors who helped deal with passengers.

“I find it hard to understand how they can be expected to deal not only with taking fares and the demands of traffic but incidents, particularly late at night.

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“It is regrettable that civility and good manners seem to be a thing of the past where the interface between drivers and some members of the public is concerned”.

He dismissed the appeal by Simone Connington (34), of Upper Dominick Street, Dublin, against a Circuit Court decision rejecting her claim against Dublin Bus.

She had claimed that driver James Travers told her not to be "so f**king arrogant" and to get off the bus, before saying that "we don't need scum like you on this bus."

Mr Travers, who has been driving with Dublin Bus for 13 years, said he had not used abusive language, and that he had warned Ms Connington she would have to get off the bus if she used such language.

Wheelchair user

The court heard that the incident began when another woman complained about being made late for work after a wheelchair user got on to the crowded bus, which already contained a number of baby buggies.

Ms Connington claimed Mr Travers told her “not to be so f**ing arrogant” as she bent down to speak to the wheelchair user to ask him to move in a little.

She claimed that Mr Travers made the “scum” remark when the bus reached another stop.

She denied giving Mr Travers the two fingers as she took a photo of the bus after getting off but accepted that she may have used bad language in response to Mr Travers’s comments.

The judge said he found Mr Travers to be an extremely credible witness. He also said that Ms Connington had accepted under cross examination that she might have used bad language.

The judge awarded costs against Ms Connington.