Courts

Children who sued for defamation after being kicked out of shopping centre settle case for €7,500 each

Security guards’ actions ‘bizarre’ in incident at entrance to The Square, Tallaght

Barrister Tracy Ennis Faherty, counsel for the boys, said one of them had suffered a pinch injury to his shoulder while being manhandled out of The Square. Photograph: Brenda Fitzsimons
Barrister Tracy Ennis Faherty, counsel for the boys, said one of them had suffered a pinch injury to his shoulder while being manhandled out of The Square. Photograph: Brenda Fitzsimons
Ray Managh
Tue Nov 12 2024 - 14:07

The actions of a security guard who threw two children out of The Square Shopping Centre in Tallaght have been described by a judge as bizarre.

Judge Terence O’Sullivan said in the Circuit Civil Court that while a business entity was entitled to refuse entry to anyone they did not wish to have on their premises, he was at a loss as to why two boys, both aged 12, had been “kicked out” by being physically removed from the shopping centre.

Barrister Tracy Ennis Faherty, counsel for the boys, said one of them had suffered a pinch injury to his shoulder while being manhandled out of The Square.

“They hadn’t even been allowed in as they were met by security guards barely inside the entrance and put out,” she said. “They said to both of them, ‘get out’, and physically removed them from the premises.”

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Ms Ennis Faherty, who appeared with Colm O’Cochlain Solicitors for Hugo Davin and Kyle Murphy, said both boys had just made their Confirmation a week before the incident and had been mortified by what had happened to them.

She said that although both The Square Management Limited and its security provider, Bidvest Noonan, had been sued, the security company had acted promptly and offered compensation and an apology to both boys and their families for what it described as “a regrettable incident”.

A letter stated: “I wish to apologise on behalf of Bidvest Noonan for the stress and upset caused and in recognition of the mistake made we have undertaken to compensate [them] and to discharge legal costs.”

Bidvest Noonan (ROI) Ltd, Hilton House, Swords Business Park, Co Dublin, stated the company wished both boys all the best in the future.

Hugo, of Monalea Wood, Firhouse, Dublin, had sued through his father Bernard Davin, while his friend, Kyle, of Wood Dale Green, Ballycullen, Dublin, had sued through his mother Siobhan, for defamation of character and assault.

Judge O’Sullivan, approving settlement offers by Bidvest Noonan Limited of €7,500 each, without admission of liability, for the boys, said the court could not understand why it had happened.

“It does seem bizarre and it looks as if the security guards got it wrong,” Judge O’Sullivan said. “It was a nasty thing to happen.”