A chef who claimed that Dublin Bus turned his family holiday to Ireland into a nightmare after accusing them of not paying a correct fare, has been awarded €4,000 damages in the Circuit Civil Court.
Judge Elma Sheahan said bus inspector David Byrne had been reckless and had used an unwarranted tone and words towards London resident Kamel Bouazza, who alleged he was defamed after being ordered off the 747 airport bus despite having a valid family rambler ticket and sought damages of up to €75,000.
Mr Bouazza said he came to Dublin on holiday two years ago with his family and used a Leapcard to travel to their hotel which was close to the airport. He said the four-day family travel ticket entitled them to unlimited travel in Dublin.
He told his barrister Bonnie Hickey that he was familiar with the Leapcard system as there was a similar one in London.
When they boarded the bus after a day in Dublin city centre, Mr Bouazza scanned the Leapcard and his family was making its way upstairs when the driver, Xin He, called them back and asked him to place the card on a screen reader.
Mr Bouazza said that as the light flashed green again, he thought it was ok and the family proceeded upstairs. Mr Xin He had kept saying “this is not right”.
Judge Sheahan heard that Mr Byrne later approached the family and said in front of other passengers: “This is a private bus and everybody has paid €7. Get out.” Dublin Bus denied this had ever happened.
Mr Bouazza claimed the inspector had taken his Leapcard and had gone downstairs before returning with it and telling him to “carry on”.
The court heard that as the inspector had not apologised, Mr Bouazza followed him downstairs and asked the inspector and the driver, who had been “laughing in his face”, for an apology. He claimed he had been told to lodge a complaint with the company.
Ashamed
Mr Bouazza told Gerard O’Herlihy, solicitor for Dublin Bus, that he and his family felt embarrassed and ashamed and the company had ruined his holiday.
“Ireland is now a nightmare for us because of you,” he said.
Eoin Perth, a passenger in the bus who gave evidence on behalf of Mr Bouazza, said Mr Byrne was confrontational and accusatory and used an inappropriate tone. Mr Byrne had been very firm that the ticket was not valid.
Mr Byrne said he had been walking on O’Connell Street when he noticed the bus had been stopped for a while. He had got on and was informed by the driver that there was confusion as to the number of adults.
He said that after being satisfied that the ticket was correct, he told the driver to head on. Mr Byrne denied acting accusatory towards Mr Bouazza and claimed the chef had been very defensive and aggressive.
The bus driver denied having laughed in Mr Bouazza’s face and claimed he had felt very intimidated by the man and, in order to calm himself down, had smiled.
Judge Sheahan said she preferred the oral testimonies given by Mr Bouazza and Mr Perth.
“I am unable to find a basis for the actions of the inspector who, in advance of checking the ticket or the number of people, told the Bouazza family to get off,” she said.
The judge said the extent of the publication of the defamation was limited to the people present in the bus and his reputation had been restored when he was allowed to continue his journey. Mr Bouazza was awarded €4,000 and his legal costs.