This article is from page 3 of the 2012-03-13 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 3 JPG
A FORMER All-Ireland-winning Clare hurler has scored a victory against Tesco in a defamation case taken over the purchase of a bottle of wine.
Scariff man Patrick Moroney (33) was awarded € 7, 500 and costs at Ennis Circuit Civil Court last Thursday.
However, Judge Donagh McDonagh granted a request from Tesco’s legal representatives to have a stay placed on the order for a period of 10 days in the event of an appeal.
Mr Moroney, who played wing forward on the Clare minor hurling team that won the All-Ireland title in 1997, took the case for defamation following an incident at Tesco, Corbally, Ardnacrusha on November 28, 2010.
The court heard that Moroney and his girlfriend, Claire Hayes, were on the way to his parent’s house when Ms Hayes suggested that they purchase a bottle of wine.
Ms Hayes, a trainee solicitor who was then aged 25, was refused purchase of the wine because she did not have identification.
Mr Moroney, a solicitor for Moroney Meehan Solicitors who have offices in Scariff and Limerick, was then refused the wine by Tesco employee Ann Devlin.
In refusing to sell the wine to Mr Moroney, Ms Devlin, it was claimed, said, “you might as well be buying it (wine) for the children on the street”.
This was disputed by Ms Devlin. However, in his judgment, Judge McDonagh found that “these words or words to that effect were used” by Ms Devlin.
He described the words as “inflammatory and unnecessary” and seemed designed to “put him (Moroney) in his place”.
Counsel for Tesco, Ronnie Robins SC, had previously told the court that Tesco were presenting a defence of qualified privilege.
He had stated that qualified privi- lege failed when malice is shown, claiming that Mr Moroney had failed to prove that there had been malice.
Judge McDonagh said he was satisfied that Mr Moroney’s reputation had been “impugned” and that Mr Moroney had discharged the appropriate proof.
He said that he had raised concerns over accepting jurisdiction of the case.
Judge McDonagh said no evidence had been given of “serious or any damage” to Mr Moroney’s reputation.
He added, “As defamation goes, it is not a serious defamation”.
He said the appropriate damages are € 7,500.
Noting that Tesco clearly recognise their responsibilities regarding the sale and supply of alcohol, Judge McDonagh said that the retail firm should also train their staff in the “limits of language”.
The court had been told that damages of up to € 50,000 could have been awarded by the court.