A PRISONER, who sued the State for €38,000 damages after falling off the toilet in his cell, took photographs to use as evidence - with the camera in his mobile phone.
Former Wheatfield Prison inmate Peter Duff told Micheál Ó Scanaill, counsel for the State, he was not supposed to have a mobile phone in his cell.
He said that while it was not unlawful at the time it had been contrary to prison rules.
Duff, (34) Lally Road, Ballyfermot, Dublin, told the Circuit Civil Court a prison officer who had inspected his cell in April 2006 had directed him to remove toilet paper from an air vent above his toilet.
He said many prisoners stuffed paper into the vents to deaden noise and reduce draughts and while the prison officer had not directly instructed him to stand on the loo to clear the vent he had taken it for granted this was what he was expected to do.
Duff said he had often seen prison officers stand on the stainless steel toilet in cells when they carried out cell and particularly when they checked out air vents.
He said he had not cleared the air vent on the actual day he had been instructed to do so but had done so a day or so later when he had been alone in his cell.
He had stood on the toilet which had fallen over due to having been inadequately secured to the wall. He suffered a large abrasion to his right shin.
Duff said he had not taken photographs of the damaged toilet on the day of the accident.
He had been moved to another cell but had "nipped in" to his old cell when the toilet was being replaced and had taken pictures of the lop-sided toilet.
Judge Joseph Mathews said Duff had failed to convince the court that the Prison Service and the State was in law negligently responsible for his having become "a cropper on the crapper."
Having not entertained Duff's claim, Judge Mathews said he would not award legal costs against him.
Duff had mistakenly assumed he had been expected to stand on the toilet but had failed to prove his case, Judge Mathews said yesterday.