An Post to pay damages for attack

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THE HIGH Court has ordered An Post to pay €20,000 damages to one of its workers over injuries suffered during a “cowardly attack” on him at night while delivering mail in north Dublin.

The worker, a native of Sierra Leone, was attacked by four youths who made off with his mail. When he pursued them, and caught one of them, he was later attacked by the others with an iron bar, the court heard.

The award was made to John Abudusalmn (27), originally from Sierra Leone, who was attacked at Snowdrop Walk, Darndale, at 8.55pm on November 1st, 2006.

In his action he claimed An Post was negligent and in breach of its duty of care on grounds including it failed to adequately warn him about the dangers of delivering mail at night, exposed him to unnecessary risk and failed to provide him with a safe place of work. An Post denied the claims.

The case came before the High Court via an appeal against a decision of Dublin Circuit Civil Court refusing the plaintiff’s claim.

Yesterday the president of the High Court, Mr Justice Nicholas Kearns, overturned the Circuit Court ruling and found Mr Abudusalmn was entitled to damages.

The judge heard Mr Abudusalmn, of Abbeywell, Kinsealy, Dublin, was working at Clonshaugh post office for about 14 months before he was assaulted. On the night of the incident he had volunteered to do overtime and deliver mail on a route where the post had not been delivered for a couple of days. He was not familiar with the route.

He commenced the delivery, by bicycle, at about 3.30pm that afternoon and later that night was struck from behind by four youths who took the mail.

He said he gave chase and managed to grab one of his attackers and called the Garda with his mobile phone. However, the three other youths came back and hit him to free their companion.

Mr Justice Kearns said the most relevant evidence was from another postman who had said he had been robbed on one occasion and threatened with a knife on another occasion while operating the same postal route.

He said the attacks on the other postman occurred prior to that attack on Mr Abudusalmn and, on the basis of those previous attacks, An Post was in breach of its duty towards Mr Abudusalmn.

The judge said Mr Abudusalmn had suffered “nasty injuries” to his head in this “cowardly attack”. He praised the postal worker for his attempt to protect the mail.

The judge added there was no evidence to support Mr Abudusalmn’s claim his supervisor at Clonshaugh told him not to stay out after dark because of his race.

That claim had been denied by An Post and by his supervisor.