Man awarded €5,000 for false imprisonment in Dunnes Stores

A Cavan man who was detained by security staff in Dunnes Stores, Cavan, on suspicion of shop lifting was awarded €5,000 in an action, which he brought against the supermarket chain for false imprisonment. Michael Maguire, 16 Breffni Terrace, Cavan town, also brought a claim for damages for defamation against the store, however, this was thrown out by presiding Judge John O'Hagan at a recent sitting of Cavan Circuit Court. The plaintiff said that on November 26, 2005, he was in Dunnes Stores with his partner Marie O'Rourke and their son Tyrone. They initially went to the grocery section but Marie asked her partner to buy some hats and scarfs for the kids, which he did. He was not present when his partner paid for the groceries but Mr. Maguire had a receipt for the items he bought. He went down to the car park and was grabbed by the shoulder. A security man turned him around and said "some of the items have not been paid for." Mr. Maguire's son began crying when the security man took him (witness) back to the lifts. Mr. Maguire told the court that he asked where they were going and the security man replied: "where all f...... shop lifters go to the manager's office." The security man took the hats and scarfs out of the bag and claimed Mr. Maguire had stolen them. The receipt for the items was in the bag, said Mr. Maguire. Twenty minutes later his partner and son came up. Garda John Cassidy also arrived. Mr. Maguire was let go after he showed the garda the receipt. Cross-examined by Frank Martin BL, defending, Mr. Maguire said he had a clear recollection of what happened in the office that day. The only thing put to him that day was the three hats and scarfs and nothing else. The witness denied that he put gammon steaks and rashers under a bag of potatoes in the front of the trolley in order to avoid detection. Security staff from Dunnes Stores arrested him and left his partner and young son crying. Mr. Maguire denied he started shouting at staff when he was in the office. Marie did come before the District Court charged with theft from Dunnes Stores and she did opt for a trial by judge and jury. Garda Cassidy said he went to the store as a complaint had been made of shop lifting. He spoke to two security man Anthony McGonigle and Gerry Carolan who outlined what had happened and said Ms. O'Rourke left without paying for some items, valued €11. Gda Cassidy was shown a receipt by the plaintiff for the items he purchased. He cautioned Ms. O'Rourke who said she didn't know how the items got under the potatoes. Gerry Carolan security man said he had a good recollection of what happened that day. He told the court that he observed Mr. Maguire in the fruit and vegetable section lifting a bag of potatoes into the front of the trolley and said he then picked up gammon steaks and rashers and put them under the bag of potatoes. Mr. Carolan said that the potatoes were normally left in the trolley at the check out and the price keyed in. Both the plaintiff and his partner walked up to the check out but Mr. Maguire then left to headed towards the customer service area. When the trolley was just about full, he returned. The gammons and rashers were never lifted out of the trolley. The plaintiff and Ms. O'Rourke headed to the car park and opened the boot of their car. Mr. Carolan said he approached Mr. Maguire and identified himself. "I informed him that I thought there was a discrepancy in his purchase and took him back into the store." When in the manager's office, Mr. Carolan went through everything that was in the trolley. He told the court that he discovered that the gammons and rashers had not been paid for. The witness claimed that Mr. Maguire became aggressive and started shouting at them. The gardaí were called and the plaintiff was not detained when Gda Cassidy said he could go. No force was ever used on the plaintiff, Mr. Carolan told the court. Cross-examined by Tom Fitzpatrick, Mr. Carolan denied putting his hand on Mr. Maguire at any stage. The witness said he didn't find a receipt for the hats and scarfs in the bag, he had to get a copy. Mr. Carolan said he never made any allegation of theft until everything in the trolley had been gone through. Judge O'Hagan said he was satisfied there was an allegation regarding the purchase of the hats and scarfs. However, he said he was not satisfied that there was evidence before him that the plaintiff committed a crime. The plaintiff was not entitled to damages for defamation but he was for false imprisonment and the judge ruled as stated.