Elderly couple convicted over refusal to wear face masks in supermarket

At Killaloe District Court, Judge Mary Larkin convicted Ryan Austin, 81, and Nicky Austin, 76, both of Woodpark, Mountshannon, Co Clare, over their refusal to wear face masks at the Aldi store in Killaloe during the Covid-19 lockdown on January 26 last. File picture

A married couple with a combined 157 years of “living peacefully and not troubling anyone” have been convicted over their refusal to wear face masks during the Covid-19 pandemic.

At Killaloe District Court, Judge Mary Larkin convicted Ryan Austin, 81, and Nicky Austin, 76, both of Woodpark, Mountshannon, Co Clare, over their refusal to wear face masks at the Aldi store in Killaloe during the Covid-19 lockdown on January 26 last.

Solicitor for the couple, Billy Loughnane said his two clients had “over 150 years of living peacefully and never causing trouble in all that time”.

The two contested the prosecution and Mr Loughnane said: "They are very private people. The non-wearing of masks by this couple was a private matter and not any form of public protest.” 

Mr Loughnane said the wearing of masks causes stress to both of them.

He said their GP as a matter of policy won’t provide letters concerning non-wearing of masks.

The couple received a summons to appear in court over the non-wearing of masks after their failure to pay on-the-spot fines.

Judge Larkin imposed fines of €80 each on the couple arising from them breaching Covid-19 health regulations by not wearing face coverings while shopping at the Aldi, Killaloe, on January 26 last.

Background to the case

At around 11.40am on the day in the store, the two were approached by two local Garda detectives over their non-wearing of masks.

In evidence, Detective Garda John Jenks said that after he advised the Austins they should be wearing face masks, Nicky Austin replied: "I don’t have to wear a mask. It is not the law. Show me the law on it.” 

Det Gda Jenks said he googled the laws on his phone and showed them to Mrs Austin.

Det Gda Jenks said he advised the Austins to wear masks to protect themselves and others.

He told the court the two were at a vulnerable age in the context of Covid-19.

Mrs Austin told Det Gda Jenks she had no Covid symptoms and in reply Det Gda Jenks told Mrs Austin she may be asymptomatic.

Det Gda Jenks said Ryan Austin produced a self declaration form that he didn’t have to wear a mask and Det Jenks said the two could provide no medical reasons as to why they couldn’t wear a mask.

Det Gda Jenks said other shoppers came up to himself and Detective Sergeant Ronan O’Hara during their conversation with the Austins to thank them for enforcing the Covid-19 regulations.

Mr Loughane asked Judge Larkin to set recognisance in the event of an appeal to the circuit court and Judge Larkin set recognisance.