A teacher has withdrawn her appeal against the dismissal of her claim for damages over a newspaper article written after she was found with a mobile telephone in her bra strap when going through a security check at the Mountjoy Prison complex.
Katherine Boyle had sued the Governor of St Patrick’s Institution, Irish Prison Service and the State over the incident on September 3rd 2008.
Ms Boyle, Donagher’s Lane, Prosperous, Co Kildare sought damages, including punitive damages, for personal injuries allegedly suffered as a result. She claimed she suffered anxiety, stress as well as financial loss and damage.
The claims were denied and her case was dismissed by the High Court in 2015.
Her appeal against that decision was due to be heard by the Court of Appeal, comprising Mr Justice Michael Peart, Ms Justice Mary Irvine and Mr Justice John Hedigan on Tuesday.
However, the court was told the appeal had been withdrawn and all costs orders made in the High Court could be vacated.
In her action, Ms Boyle, who taught in the prison system for 15 years, had been teaching at St Patrick’s institution for young offenders on September 3rd, 2008, when the phone was discovered when she was passing through a security screening unit.
She claimed she forgot she had the phone on her.
Her security clearance allowing her enter the prison was revoked as a result and she has not worked in the prison system since.
Ms Boyle claimed details of the incident were leaked to Irish Daily Star journalist Michael O’Toole whose newspaper published an article on September 9th 2008 headlined: “Phone In Bra Jail Smuggler busted”.
Privacy
The article said an unnamed prison worker was suspended after being caught trying to smuggle an illegal mobile phone into a jail hidden inside her bra.
She claimed the article distorted what occurred and the defendants breached her rights including to privacy, fair procedures and to be employed freely within the State. The Prison Service should not have disclosed material to the media, she claimed.
She also alleged the matter was deliberately leaked to paint the prison service and new security system in a good light.
During the trial, Mr O’Toole refused to disclose the source of his story to the court.
Dismissing the claim in July 2015, Mr Justice Anthony Barr said he was not satisfied information supplied to the journalist constituted “confidential” information, disclosure of which would give rise to a claim in damages.
He also found none of the defendants deliberately leaked or authorised the leak of this information to the journalist and added he was not satisfied the leak could only have come from a prison officer.