AN action by a schoolboy against a school board of management after a complaint that he had been smoking marijuana was withdrawn and struck out in the High Court yesterday.
Josh McNutt (16), suing by his father Mr Scott McNutt a company director, sued the board of management of the Royal and Prior Comprehensive School, Raphoe, Co Donegal.
Earlier this year, the High Court refused an interim order to reinstate the schoolboy, who was withdrawn from the school after allegations that he was smoking marijuana.
When the case came before Mr Justice McCracken yesterday, Mr Adrian Hardiman SC, for the McNutts, of Woodquarter, Cranford, Co Donegal, said the action had been withdrawn and could be struck out.
He read a statement in which it was stated that the boy and his parents unreservedly withdrew all allegations against the school and in particular against the headmaster, Mr Desmond West.
The plaintiffs had agreed to pay a sum to the defendants in respect of costs and the action could be struck out.
At the previous hearing, Mr NcNutt had in an affidavit said Mr West never informed the boy what the charges were. All the allegations were made without evidence being put to his son, and in the absence of any representation and without warning and notification to him (Mr McNutt).
He said the claim arose out of a complaint last December by persons unknown that his son had been smoking marijuana during the term, yet off school premises and outside school hours. It was never proven Josh was smoking and the allegations as made were a matter of hearsay.
Mr West, in an affidavit, said that on January 17th, he interviewed a number of pupils, some of whom informed him of their participation in the smoking of cannabis. He was informed Josh brought the drug to the school and had smoked it in the vicinity of the school.
He interviewed Josh who informed him he had bought "hash" which he knew to be cannabis at a Letterkenny discotheque in December, 1995. Josh said he had brought a plastic packet containing the cannabis to the school in December. He had invited two other pupils to share it with him. They went to a ruined castle in the neighbourhood and smoked the cannabis.