Hand that rocks cradle does not rule the courts

ONE could have forgiven Cranberries lead singer Dolores O’Riordan for breaking into song.

Emerging from the High Court yesterday after a nine-day trial, nobody could have begrudged the diminutive rock star if she'd treated onlookers to a verse of "Wake Up and Smell the Coffee" - the eponymous title of one of the group's albums.

However, the 32-year-old Limerick mother-of-two was not ready to perform any appropriately-titled encore for the media, even though Mr Justice John Quirke had found overwhelmingly in favour of her and husband Don Burton in a case taken against the celebrity pair by their son's former nanny, Joy Fahy.

The 34-year-old Meath woman had sought damages from the O'Riordan-Burtons for breach of contract, negligence and breach of duty which included claims for a £10,000 termination fee and a Cherokee jeep.

She maintained these items were part of a 12-month contract, abruptly terminated by Mr Burton, the rock group's tour manager.

Ms Fahy also claimed she had been falsely imprisoned by the Canadian.

However, the 35-minute ruling provided firm proof that the hand that rocks the cradle does not necessarily do the same to the courts system.

While the nanny heard herself described as someone with "a special talent for children" and a "qualified, competent and caring childminder," that was as good as it got for Ms Fahy.

Indeed, the judge's decision to award her a sum of €1,500 for the loss of personal belongings, mostly clothing, was the sole of crumb of comfort which the childminder could derive from proceedings.

At the conclusion of the ruling, the nanny took a large swallow from a bottle of mineral water and threw her eyes skywards as a few tears formed.

However, she quickly regained her composure, forcing a weak smile as she spotted friends in the courtroom.

A row ahead of her, the Cranberries star and her husband sat expressionless as they heard Mr Justice Quirke describe them as "exemplary, caring parents" who were devoted to their son Taylor and daughter Molly.

In a sympathetically- worded judgement, Mr Justice Quirke stressed he did not attribute anything malicious to the fact that both parties had given widely conflicting evidence about the time Ms Fahy minded Taylor for several months in 1999.

"Recourse to the courts should be a last resort," said the judge.

To the presumable relief of the Cranberries duo, the judge said he had no role to make any findings on several allegations including the amount of alcohol Mr Burton consumed, whether he had brought his baby son out on a jetski and Dolores' supposed love of ironing a most pressing matter for trivia lovers.

Similarly the question of whether Ms Fahy had claimed £3,000 in social welfare payments, while working with supermodel, Elle "The Body" McPherson, was not for the court to decide.

Dressed in a white trouser suit, the Cranberries star appeared reluctant to comment on the case as she walked hand in hand from the courtroom with her husband.

Still looking upset, if somewhat relieved, Dolores said she was "a wonderful mother".

"It was about principles. I love my family more than anything in the world," said the singer.

As a large posse of journalists and photographers jostled to get the pair's reaction, the waif-like singer admitted that the ordeal had been dragging on for five years with allegations that were "very damaging".

Asked if she would engage the services of another nanny, Dolores allowed herself a slight smile before replying: "I don't know."

Around 15 minutes later, Ms Fahy emerged from the Four Courts but declined to take a cue from one of the album titles of her former employer - Bury the Hatchet.

Asked if she still felt ill-will towards Mr Burton, she replied without hesitation: "I think that goes without saying."

Warming to her theme of "no regrets," Ms Fahy said hers was always going to be a difficult case to prove as Mr Burton had never provided her with a written contract of employment.

However, she claimed the case was "never about money" as any award she might have received would have been donated to the Chernobyl Children's Charity.

Unfortunately for the nanny, she may still face a substantial legal bill, estimated at around €150,000, although her own legal team are understood to have taken the case for nothing.

The High Court will hear applications relating to costs tomorrow.

For both parties in this rather sad, unnecessary case, the moment will indeed linger.