A HIGH Court judge yesterday refused an interim order to reinstate a 16 year old schoolboy who was withdrawn from a Co Donegal school after allegations that he was smoking marijuana.
The boy, Josh McNutt, suing by his father, Mr Scott McNutt, sought an interim order to reinstate him at the Royal and Prior Comprehensive School, Raphoe, until the trial of the action.
In an affidavit, Mr McNutt, a company director, of Woodquarter, Cranford, Co Donegal, said the claim in the main action arose out of an anonymous complaint last December that his son had been smoking marijuana during term time, yet off school premises and outside school hours.
It was never proven that Josh was smoking and the allegations were hearsay. In January the school principal, Mr Desmond West, undertook an investigation on behalf of the board of management.
He said Mr West never informed the boy of the charges. His son was not formally expelled but was returned to the boarding house in Raphoe. Unable to contact his parents, he was given into his uncle's care.
No evidence had been produced that Josh was smoking a proscribed substance, only allegations based on hearsay.
It had been further alleged that his son was a drug pusher and tried to get other pupils "hooked", without evidence being put to his son, in the absence of any representation and without notification to his father.
At a meeting between Mr McNutt and Mr West on January 17th, it was made explicit that it would be best to voluntarily withdraw his son and that if this was not done, the Garda might become involved. He reluctantly acceded to this.
Mr West, in an affidavit, said he interviewed a number of pupils on January 15th, some of whom informed him that they had smoked cannabis. He was informed that Josh brought the drug to school and had smoked it near the school.
He interviewed Josh on that day and Josh told him he had bought "hash", which he knew be cannabis, at a disco Letterkenny last December had brought it to school. He invited two other senior pupils share it with him. They went to ruined castle nearby and smoked it.
Josh said he had gone to castle three times. He brought further bag of cannabis to school during the first week term but had thrown it away because other pupils had got know about it.
Mr West said Josh was aware of the nature of the allegations against him and their seriousness. His investigation revealed that seven pupils smoked it. Josh was not disciplined.
The next day his secretary was unable to contact Josh's parents. He contacted his father himself after office hours.
He met the parents on January 17th and they did not deny or, dispute any of Josh's actions as he related them. He told them he intended to suspend Josh from school.
He said it was up to the board whether or not he would be readmitted. At no stage had he threatened to report it to the Garda. On January 19th, Mr McNutt wrote to say he was withdrawing Josh from the school.
Mr Justice Barron said the procedure adopted with the parents was normal school procedure. The parents came in to discuss the matter and as a result 48 hours later decided to withdraw him. The headmaster was satisfied the offences were committed.
The judge said he was by no means satisfied that the boy should return. The procedures were not in breach of the school guidelines.
The real point for not giving the interim order was the effect on the school it would have a bad effect. If the facts were correct, it was a very serious matter if pupils were using prohibited drugs.
The trial of the full action should go ahead very quickly. It was unfortunate that the board had never considered this matter and he would have no objection if it voluntarily listened to the issues.