A 38-year-old unemployed man, who claimed that 14 years ago he had slipped and fallen on a cream bun while he was detained at Shelton Abbey Open Prison, has lost a €38,000 damages claim in the Circuit Civil Court.

Patrick O’Grady, of Kiltalown Green, Tallaght, Dublin, said that on December 10, 1997 he had been climbing the stairs on his way back from the toilet in the Arklow, Co Wicklow, prison when the incident happened.

He claimed he had been returning to his room in the low security prison, had suddenly lost his balance and had fallen backwards, landing on the floor and injuring his right ankle.

He had been taken to hospital where x-rays revealed his ankle had been fractured. He had to wear a plaster for almost two months.

O’Grady, who sued the Minister for Justice for damages, told Judge Jacqueline Linnane that after he had fallen he had noticed he had slipped on a cream bun which was on the stairs.

Barrister Kevin D’Arcy, counsel for the Minister, said the authorities denied liability on the basis that the prison had a safe cleaning procedure. An inspection had been carried out shortly before the incident and there had been no record of a cake on the stairs.

He said that the officers on duty on the night had reported that a cream bun had been found on the stairs but it had not been squashed and it was unlikely that O’Grady had slipped on it.

Judge Linnane said a number of people who had been using the stairs before the incident had no recollection of having seen a cream bun on it.

She said a bun had been there but for a very short period of time She had not been satisfied that the prison had been negligent and dismissed O’Grady’s claim.