A man who had doused himself with petrol told the High Court yesterday that he "went up in flames" during a scuffle in a bank and received burns to about one-third of his body. Mr John Coffey (40) has brought a claim for damages against Bank of Ireland arising from an incident at the bank's Cahir, Co Tipperary, branch in September 1993.
Ms Justice McGuinness was told certain difficulties had been experienced in relation to a loan, originally for £2,000, which Mr Coffey had obtained from the bank some time earlier.
The court heard that an instalment order had been obtained against Mr Coffey on the basis of an erroneous assessment of arrears. The court was also told that a guarantor had paid £2,000.
The bank denies Mr Coffey's claim. It also claims that Mr Coffey expressly or by implication consented to the risk of the injuries he sustained.
In evidence, Mr Coffey said that when he went to the bank on September 8th, 1993, he asked to see his file or a copy of it. The manager said he could not.
Mr Coffey said he went back to his car, got a can of petrol and re-entered the bank. He doused himself with petrol. He asked the manager if what he had said about his file was his final word. The manager told him to wait a minute and he would talk to him. He said the manager did not come back to talk to him. He was then grabbed from behind by three persons whom he later learned were gardai. He struggled to get away but went up in flames.
One of the persons grabbed him at the hand and his lighter sparked, he said. He was alight for 10 or 20 seconds until the manager got a fire extinguisher and put out the fire.
Cross-examined by Mr Murray McGrath SC, for the defence, Mr Coffey agreed he went back to the bank with the petrol to frighten the manager so he would part with the file. He agreed he was brandishing a lighter and that the manager was trying to calm the situation.
Mr Coffey said he was just waiting for the manager to talk to him. Asked if that only took seconds, Mr Coffey said he thought he waited about 15 minutes. He said he had the petrol in the boot for use with a chain-saw.
Mr Coffey denied that he had bought the petrol with the intention of setting himself on fire. He agreed he had given an interview to the late journalist Veronica Guerin and to radio and TV about the incident.
Mr James O'Donoghue, manager of the bank, in evidence, said he had told Mr Coffey he could not give him his file under the Data Protection Act. He said he was about to explain what he had access to when Mr Coffey left.
The manager said that he was telling Mr Coffey the situation when he returned, but was unable to complete his sentence. Mr Coffey lifted the petrol over his head and poured it over himself. He produced a lighter and asked if he was going to be given his file.
Mr O'Donoghue said he told Mr Coffey immediately that he would give him his file and to hold on. As he went to get the file, gardai entered and there was a melee, Mr O'Donoghue said. A member of staff had sent for the gardai. Mr O'Donoghue said he saw a flicker of flame and Mr Coffey was enveloped in flames.
Mr Joseph Finnegan SC, for Mr Coffey, asked whether the bank had sought to have his client sent to prison for more than he owed.
Mr O'Donoghue said the bank's solicitors had an affidavit in court to explain that an error was made. The hearing continues today.