A woman suing Allied Irish Banks over the disappearance of personal papers from a safe deposit box believes a former boyfriend was responsible. In an action before the Circuit Civil Court, Ms Jackie Rafter is seeking up to £30,000 damages against AIB.
The court heard Ms Rafter suspected a former boyfriend of withdrawing, without authorisation, her marriage separation papers from the deposit box. The allegation was contained in new information placed before Judge Liam Devally yesterday.
A previous hearing was told Ms Rafter feared the missing papers - which related to the break-up of her marriage to hairstylist Mr David Marshall - would be leaked to newspapers.
Ms Rafter, a model, of Wyvernscourt, Straffan Road, Kill, Co Kildare, is suing AIB for negligence and breach of contract, and for damages for personal injury and distress.
Ms Sarah Moorehead, for AIB, told the court AIB denied all liability and intended to defend the proceedings fully.
Following a recent application to transfer the action from the District Court (where maximum damages are £5,000) to the Circuit Court, which can award up to £30,000 in damages, Judge Devally asked for new medical evidence directly linking Ms Rafter's symptoms with the alleged unauthorised withdrawal.
Ms Virginia Cole, for Ms Rafter, said a report by her client's GP, Dr Donal Kelly, had been given to her solicitors. In it, Dr Kelly said he had seen Ms Rafter in May 1996, four days after she had said she discovered the documents were missing.
He said she complained of symptoms of anxiety and depression and had told him some days previously someone had gained access to her private banking box without her permission.
He said she had been unable to sleep or eat properly as she thought of the possible consequences that could result from the loss of her papers. He prescribed Seroxat, as he felt it would ease her symptoms of anxiety and depression, and she should take it for six months.
Ms Rafter, in a sworn affidavit, had told Judge Devally she lodged the papers with the bank in January 1996 and, three months later, they had been released to Ms Julie O'Loughlin without authorisation. "The documents were of an extremely private and sensitive nature containing my separation agreement, sworn statements relating to the matrimonial proceedings which disclose highly confidential and personal matters, a bank deposit book, passport and life insurance policy," she said.
Ms Rafter said she had not known until May 26th, 1997, that the entire contents of her safety deposit box had been handed out to Ms O'Loughlin.
Judge Devally said the bank, through Ms Moorehead, strongly contested the allegations and had sought a stronger link between medical evidence presented at the last hearing and the incident complained of.
In transferring the action to the Circuit Court, he granted Ms Cole a week to furnish new civil proceedings setting out a detailed claim for personal injuries. He granted Ms Moorehead a further week in which to file a defence.