Watch: Cork grandmother 'only answerable to God' avoids jail for refusing to wear mask

Afterwards Margaret Buttimer thanked her supporters. 'I really appreciate you being here,' she said.

Margaret Buttimer leaving Court in Bandon today. Photo: Denis Boyle

A grandmother has received a three-weeks suspended sentence over her refusal to wear a face mask in a supermarket and has also been fined for verbally abusing the store manager.

Margaret Buttimer, 66, had already been found guilty of not wearing a face mask at Dunnes Stores in Clonakilty on February 12 last. She had also apologised for calling the store manager an “asshole” during the incident.

When she appeared in Bandon District Court last Friday for finalisation of that matter the court heard other matters were also due in court, including on a similar offence which is due for hearing next month.

She had not worn a mask in court last Friday and Judge Colm Roberts had asked for her to be held in custody for contempt of court.

The matter returned to Bandon District Court on Monday and a small crowd of people supporting Ms Buttimer gathered outside the court and cheered as she entered the building. She had been released from custody by prison authorities on Saturday morning, as prison authorities are entitled to do on a three-day warrant for contempt.

The 66-year-old, of The Cottage, St Fintan's Road, Bandon, was again not wearing a mask and when her solicitor, Plunkett Taaffe, asked that the matter be dealt with by penalty, Judge Roberts said he wanted him to take further instruction as he was concerned her actions were “seriously limiting my options”.

The judge's dilemma

He said the regulations on the wearing of masks were in the interests of public safety and “the science is extremely strong in this”.

The judge said she may disagree with this but she had to moderate her personal views for the benefit of the public.

He said he had been considering adjourning it for the preparation of a probation report but in a “most unusual” development, both sides had declined it.

“Ms Buttimer in evidence has said that she is only answerable to God,” the judge said. “That creates a difficulty, that she seems to think she is not answerable to the law, to the court and to the public health needs of this country.” 

He said there was a difficulty if Ms Buttimer was unrepentant and likely to reoffend.

This meant a custodial sentence was likely and the judge said: “I don’t want to do that. I seriously do not want to do that.” Mr Taaffe said he did not want the matter to be escalated and he would speak to his client. The judge said he wanted reassurance that Ms Buttimer would not reoffend.

“She does not have to go into a shop, that’s fine,” he said. “But if she does she will have to wear a mask, as per the law.” 

The judge's ruling

When the matter resumed later, Mr Taaffe said the matter should be treated as a first offence.

He said his client had raised two sons and had never been in trouble and had no previous convictions. She is also sharing in the care of her 94-year-old mother.

Supported by her partner, who was wearing a mask, Ms Buttimer said she had apologised for the verbal abuse of the store manager during the course of the incident, which had resulted in a public order charge.

Mr Taaffe referred to his client’s deep religious faith and Judge Roberts said while that was to be respected and admired, there were plenty of examples where people with deep entrenched views had created terrible disharmony.

“How far does one take it?” he asked.

The judge also said terms of her release on bail on this incident, for which she had been convicted, included adherence to Covid regulations.

Supporters of Margaret Buttimer outside the court in Bandon who cheered as she entered the building. Photo: Denis Boyle

“On the pro-side your client is 66, and has no [previous] convictions,” he said. “On the negative side she is a woman who is unrepentant for her actions, has indicated she is only answerable to God and will not change her views regarding how she acts which leads the court to conclude there is a high chance of her re-offending.” 

Mr Taaffe said his client may well be misguided but asked for leniency. The judge queried whether a suspended sentence was simply postponing things and Mr Taaffe said if Ms Buttimer did receive a suspended sentence then it was up to her not to trigger it.

The judge said it didn’t matter whether she believes she has God on her side, if she didn't want to wear a mask that was fine but she could not enter a shop without one.

Taking her age and previous record of no convictions into account he sentenced her to three weeks in prison, suspended for two years, and fined her €350 for the public order offence. Recognisance for any appeal was set at her own bond of €750, half in cash.

Afterwards Ms Buttimer thanked her supporters. “I really appreciate you being here,” she said.