A customer, Mr Gregory Timbs, was slandered by staff in a public house when he was accused of having been videoed defacing a wall of the pub toilets, a judge said yesterday.
In Dublin Circuit Civil Court, Judge Liam Devally held that Mr Michael Rafter, manager of Rasher Geraghty's public house in Wicklow Street, Dublin, had told Mr Timbs he had been recorded writing graffiti on the wall on July 7th last. He had barred him.
Judge Devally was told the toilet had been inspected and found to be satisfactory at 10 p.m. on July 7th. Half an hour later it had been found to be defaced.
On the following Friday night, July 12th, Mr Timbs, a musician, of St Anne's, Kimmage, Dublin, and his girlfriend, had been informed that he was not being served. Mr Timbs had said Mr Rafter told him he had been videoed defacing the wall. Mr Rafter had claimed he merely told Mr Timbs he was a suspect.
Judge Devally told Mr Anthony Hunt, counsel for Mr Timbs, that the video evidence was not evidence at all. It had merely recorded Mr Timbs having been one of six customers to have entered the toilet during a particular period, any one of whom could have been guilty.
"The manner of the refusal at the bar, including the reference to the video, was unnecessary, demeaning and clumsy and turned what should have been a discreet confrontation into a minor public humiliation," Judge Devally said.
He told Mr Hugo Hynes, counsel for Grangewood Enterprises Ltd., trading as Rasher Geraghty's, that Mr Timbs was due comparatively modest damages of £2,500 and costs.
The pub staff were entitled to refuse to serve him without giving a reason, and their difficulty in getting Mr Timbs to leave at closing time on his previous visit would have been justification enough for having barred him.