Ms Jackie Rafter, a model, fears that missing confidential papers relating to her marriage break-up with Mr David Marshall, a hairstylist, will be leaked to tabloid newspapers, a judge has heard.
Her counsel, Ms Virginia Cole, yesterday told the Circuit Civil Court that Ms Rafter's private and sensitive papers had been lodged in a safety deposit box with Allied Irish Banks. She alleged that they had been given, without authority, to a third party.
Ms Rafter, of Wyvernscourt, Straffan Road, Kill, Co Kildare, had sued AIB for up to £5,000 in the District Court relating to the bank's alleged negligence and breach of contract and for damages for injury and distress.
Ms Sarah Moorehead, counsel for AIB, said the bank denied liability and would defend Ms Rafter's claim.
Ms Cole told Judge Liam Devally it was realised, following service of District Court proceedings, that Ms Rafter had been injured more intensely than had been thought. She said a District Court application had been refused by Judge Michael O'Leary to transfer Ms Rafter's claim to the maximum £30,000 jurisdiction of the Circuit Court and she was challenging that decision.
Ms Rafter, in a sworn affidavit, said she lodged her private papers with the bank in January 1996, and three months later they had been released to a Ms Julie O'Loughlin without authorisation. "The documents were of an extremely private and sensitive nature containing my separation agreement, sworn statements relating to the matrimonial proceedings which disclose highly confidential and personal matters, a bank deposit book, passport and life insurance policy," she said.
Ms Rafter said she did not know until she sought her daughter's passport on May 26th, 1997, that the entire contents of her safety deposit box had been handed to Ms O'Loughlin.
She had been extremely distressed and unable to sleep. She could not work, and her doctor had put her on a six-month course of anti-depressants.
She said her daughter's passport and life insurance policy had since been returned to her. Her marital documents were still missing, and even if they were returned she feared copies might be circulated or published.
When Ms Moorehead submitted there was no medical evidence directly linking Ms Rafter's symptoms with the incident complained of, Judge Devally adjourned Ms Cole's application until he had more detailed information.