A severely disabled GAA fan, who booked a train ride from Dublin to Cork to support his beloved Kilkenny hurlers, claimed yesterday that Iarnród Éireann had assured him the train was wheelchair accessible.
Darren Lyng, a 27-year-old Dublin City University business studies graduate, said he had no problem getting his electrically operated chair on the train on March 10th , 2005, only to find the passageway doorways too narrow.
Following a Circuit Civil Court application yesterday Mr Lyng said he had been unable to get to the dining area where there was space to accommodate his wheelchair.
As a result, his personal assistant Pauline Brown, and friend Paddy Burtchaell, who were travelling with him, had to dismantle the chair by removing both arms and control panel and footrests.
"An hour later the train had reached Portlaoise by the time I had made my way in the dismantled chair to the dining carriage. We had to begin reassembling the chair so I could sit comfortably for the remainder of the journey," Mr Lyng, of Ashford Street, Oxmanstown Road, Dublin, said.
"Then, an hour before reaching Cork, we had to dismantle the chair again so I could make my way along the passageway to the door on to the station platform. Once on the platform we had to reassemble the chair in order to get to the match."
He said he and his friends had to go through the dismantling, boarding, assembling, dismantling, disembarking, assembling chaos all over again for the return journey.
Eddie Nolan, counsel for Mr Lyng, told Mr Justice Esmond Smyth in the Circuit Civil Court that his client had referred a complaint against Iarnród Éireann to the Equality Tribunal under the Equal Status Act claiming the company had failed to provide him with "reasonable accommodation" and had treated him unlawfully on the grounds of his disability.
Under the Act he can, if successful, obtain confirmation of his complaint and compensation and the director of the Equality Tribunal may make recommendations to the company with regard to equality of treatment of passengers.
Cathy Maguire, counsel for Iarnród Éireann, said Mr Lyng had made his complaint outside the six months time allowed to do so under the Equal Status Act and had been granted an extension of time to do so by the director of the Equality Tribunal.
Ms Maguire said Iarnród Éireann was appealing the director's decision to the court and if Mr Lyng wished to oppose their appeal he had to do so by submitting evidence on sworn affidavit which was not before the court.
Mr Justice Smyth granted Mr Lyng time to lodge a sworn affidavit and granted Irish Rail leave to enter a replying affidavit if necessary. He said the court would give both parties an opportunity to present their case in a comprehensive and fair way.
Mr Lyng spoke to the media following yesterday's application before setting off with Paddy Burtchaell for a cup of tea in the court's public restaurant. It was a cuppa he had to go without, as the restaurant is not wheelchair accessible either.