A 64-year-old street musician, who has a record of sexual offences against children, has failed in a court bid to force Bus Éireann to carry him as a fare- paying passenger.
Mr John Lynch, Tipperary Road, Cahir, Co Tipperary, claimed in the Circuit Civil Court yesterday the company's ban was grounded on his previous criminal convictions for sexual assault.
Judge Elizabeth Dunne said the Circuit Court did not have jurisdiction to deal with the case and she struck out the proceedings. The case could be reintroduced in the High Court.
Counsel for Mr Lynch, Mr Barney Quirke, said Bus Éireann was in breach of statutory rules and regulations. His client was seeking declaratory and injunctive relief directing the company to provide him with a public transport service and restraining them from keeping him off their buses.
He said Mr Lynch had been refused access to the Cahir- Waterford bus on August 28th, 2002, and afterwards on numerous occasions. He had been told orally he had been seen on one occasion to have had a child on his lap.
Counsel said Mr Lynch had asked Bus Éireann for specific reasons but had simply been told in a letter that the company agreed the bus driver had acted in a proper and appropriate manner.
Describing the case as particularly sensitive and potentially very important, counsel for Mr Lynch said if Bus Éireann could do this to his client on the grounds of terms and conditions not lawfully imposed by statute or by-law, they could do it to anyone.
"The issue in this case is that Mr Lynch has a long record of sexual offences, including sexual offences against young children dating back over a long period and as recently as 2000," counsel said. While he had never been told his criminal record was the cause of the ban, the obvious inference to be drawn was that his record was the only reason for being kept off the buses.
The court heard that the occasion on which Mr Lynch had a child on his lap was a completely innocent one about which no complaint had been made or any action taken by anyone other than the bus driver.
Counsel said a Ms Anne McDonough had been on the bus with two children she was having difficulty controlling. She was a friend of Mr Lynch and, sitting beside him on the bus, had handed one of the children to him and held the other on her lap. She was in court to give evidence on Mr Lynch's behalf.
Ms Maire Whelan, counsel for Bus Éireann, said Mr Lynch was under a misapprehension.
While it would appear Mr Lynch did have a history, the matter complained of referred only to the decision of one particular driver and had nothing to do with Mr Lynch's criminal record. It had to do with a specific incident that had happened on a bus where a child had been interfered with.
Judge Dunne said that before embarking on the case she would have to be satisfied she had jurisdiction to deal with it. She had carried out some research and it appeared by agreement of all concerned there was no statutory or other provision whereby the Circuit Court could deal with the matter.
In the circumstances she would strike out the proceedings with no order as to costs. The case could be reintroduced in the High Court.