A SCHOOLGIRL, wrongly accused of having taken a video from a Dublin store, has been awarded £17,500 damages for defamation.
The Circuit Court President, Mr Justice Spain, heard that on December 22nd 1992, 15 year old Alice Smith had been given a video tape as a Christmas gift by a school friend.
On her way from school she, and some friends visited the Xtra Store in Grafton Street, Dublin, to check out other videos and then left.
Halfway down Grafton Street, a security man from the store stopped her and said "You've taken a video from the premises without payment. When you left the premises the security system blipped."
Ms Smith, of Clarence Mangan Road, Dublin, and her friends, were taken back to the store, which is owned by Xtra Vision plc. But her gift video did not activate the shop's security system when they re entered the store.
Ms Smith, who is now 18, believed the words spoken implied she was a shoplifter and guilty of criminal or dishonourable conduct.
She said she was afraid, distressed and embarrassed when taken back to the shop. Afterwards she had developed an anxiety complex and had to receive medical treatment. She could not concentrate at her studies and developed a fear of entering shops. She thought she might be labelled a thief by her school friends.
Mr Justice Spain said that while there had been a conflict of evidence on some issues, he accepted Ms Smith's description of what had happened. He felt it was inconceivable she had made up her account.
The judge said the shop's security man could have dealt with the matter with a great deal more discretion. He had accused Ms Smith immediately on the street of having taken something from the shop.
"There was an assault in the street and there was false imprisonment," he said. "She was ordered back to the shop and made stay there in full view. It put her in a most compromising situation".
Mr Justice Spain refused to grant a stay on his order to facilitate a High Court appeal.