A punter lost a €38,000 damages claim for alleged defamation of character against Paddy Power bookmakers in the Circuit Civil Court in Dublin yesterday.
John Gorman, of Dunard Drive, Navan Road, Dublin, claimed he had been humiliated and embarrassed when a clerk in Paddy Power's betting office in Phibsboro, Dublin, publicly shouted that he had left her €30 short on a bet.
Mr Justice Esmond Smyth, following a trial which lasted two days, dismissed Mr Gorman's €38,000 damages claim.
He said he accepted clerk Gillian Leeper's evidence that after having called Mr Gorman to the counter she had spoken to him discreetly.
Although losing his case, Mr Gorman obtained a public acknowledgment when the bookmakers accepted it had been mistaken about the bet shortfall.
In an apology read out in court by Stephen McCullough, counsel for Paddy Power Plc, the leading Irish bookmakers stated Mr Gorman had placed and fully paid the correct amount for a €250 bet.
They said that the shortfall mistake had been theirs.
"Paddy Power Plc accepts it was a genuine mistake on the part of a member of staff and unreservedly apologise for any distress or embarrassment caused," Mr McCullough stated in court.
He said Mr Gorman was a man of integrity and good character and a valued customer of Paddy Power.
Mr Gorman told his counsel, David Richardson, that after placing a €125 each-way bet on Chorist in the 2.50pm at Deauville on August 22nd, 2004, Gillian Leeper had shouted across the bookies: "Where is John?"
This comment was then followed by: "You left me €30 short for the bet. You gave me €220 instead of €250."
He told Mr Richardson his horse had been placed third and he had been paid out a return of €175 on his bet.
Mr Justice Smyth said he accepted that Mr Gorman had tendered the correct amount for the bet and that Ms Leeper had made a mistake.
But the judge preferred her evidence that after calling Mr Gorman to the counter, she and manager Seán Colgan had discreetly dealt with the matter, later accepting the betting shop's error.
Mr Justice Smyth said there could be no doubt that Mr Gorman was a person of the utmost integrity.
He said no blame or culpability could be or was directed towards him.
After the judge said he would make no order as to costs, Mr McCullough said he had been instructed by Paddy Power to apologise for the unfortunate mistake.