Two sisters who sued Bus Éireann over being asked to get off a bus to Knock shrine in Co Mayo have lost their High Court action for damages for defamation and loss of reputation.
Bernadette Curtis and Joan Dardis, and several family members, were asked by a garda to get off the bus at Busáras in Dublin on June 23rd, 2013, following exchanges with the driver over payment of fares for all of their group.
Dismissing their appeal over the Circuit Court's rejection of their claim, Mr Justice Max Barrett said the sisters were regular visitors to Knock shrine and intended to go there with Ms Dardis's adult daughter, Jennifer, and other family members, including Jennifer's children, a toddler and a nine-year-old boy.
Both sisters used free-travel passes but, while Ms Curtis was entitled to do so because she has a disability, Ms Dardis was improperly travelling on a carer’s pass because the person she had cared for died some years previously, he said.
Fare payment
Jennifer Dardis got on the bus with her toddler resting on her shoulder and the driver agreed to let her settle the child before returning to pay the fares. When she did not return, he went to collect the fares.
The judge rejected the sisters’ evidence that Jennifer Dardis sent her son with a €50 note to pay the driver who refused to take money from a child. He accepted the driver’s evidence that did not happen.
Both sisters gave inconsistent accounts of what they alleged happened next, he said.
Ms Curtis claimed the driver came down the bus in a temper because a child was sent to pay him, asked to see the sisters’ passes and told all the party to get off the bus.
Ms Dardis claimed the driver came down the bus and asked Jennifer to pay, the latter said she would not pay for her children and the driver broke into a temper.
The judge accepted the “entirely coherent” evidence of the driver that he came down the bus, asked for payment, was refused, went to get an inspector and had not lost his temper.
A garda was called to resolve the difficulty. The court accepted the garda’s evidence that when he arrived, the family was still on the bus . The garda said they agreed to his request to get off the bus while efforts were made to resolve the dispute amicably.
‘Calm’ discussion
The judge found a "calm" discussion followed and no offer to pay the fare was made. The bus then left without the family, who took a taxi to Heuston station, got a train to Claremorris and travelled on to Knock.
The judge ruled there was no legal basis for the sisters’ claims the driver failed to inquire politely of the circumstances, made innuendoes they had failed or refused to buy a fare, injured their character and reputation and was guilty of negligence.
Bus Éireann argued, given a “multiplicity of dishonesty offences” of which Ms Dardis was convicted in the past, and one public order offence against Ms Curtis, they had little or no reputation that could be sued upon in defamation, he noted.
While one or more public order or dishonesty convictions of some years vintage does not necessarily deprive a person of a reputation sufficient to ground a later defamation action, none of the matters outlined involved publication of a defamatory statement about the sisters, he held.
He granted an application by Jeri Ward, for Bus Éireann, for costs against the sisters after being told defending the case had imposed considerable costs. Counsel for the sisters said they were “impecunious”.
