An appeal by Mr James and Ms Lucy Duffy, of Drumkeeran, Co Leitrim, who were each previously fined £10 at Ballyfarnon District Court following summonses for the non-attendance of their son at a local national school, was allowed by Judge Anthony Kennedy at Boyle Circuit Court.
In court it was claimed by the appellants' son, Rory Duffy (13), that he was subjected to physical assaults by his teacher, Ms Bridie Wynne, when a pupil at Drumkeeran National School, Co Leitrim. When he developed medical problems after "strain" at school, the boy's parents withdrew him and have since become advocates of home education.
The Duffys appealed the ruling of Judge Michael Connellan at Ballyfarnon District Court in December 1998 where both parents were fined. They were sum monsed for the non-attendance of their son at Drumkeeran National School from June 4th to June 24th, 1998, and from September 1st to November 3rd, 1998.
Outlining the circumstances of the case, Garda Kevin McMahon said he was the school attendance officer in the Manorhamilton Garda area. He said the Duffys "were working on two excuses", the first being the alleged bullying of Rory Duffy and the second their right enshrined in the Constitution to educate the boy.
Sgt Noel O'Boyle said he obtained a certificate of non-attendance, which was signed by the principal of Drumkeeran National School on May 18th, 1996.
However, the Duffys were adamant their son would not return to school because of bullying problems.
A warning notice under the school attendance Act was later served, but again the Duffys declared "there was no way" their son would return to school because of the bullying he had suffered.
Judge Kennedy said the case centred on whether the appellants had reasonable cause to keep their child from school. Under the provisions stated within the school attendance Act "in light of this unhappy history" in the school he said there was sufficient cause not to send the child to school.
The judge allowed the appellants witness expenses but not costs.