Cork grandmother  avoids jail for refusing to wear a mask in shopping centre

Margaret Buttimer was released on bail but is not allowed to enter any place where the public has access — including churches, chapels, meeting houses, post offices, or public offices

Margaret Buttimer outside Bandon District Court after she was arrested yesterday for refusing to wear a mask in Riverview Shopping Centre, Bandon. Photo: Cork Courts Limited

A Cork grandmother narrowly escaped being jailed until her next court appearance after she repeatedly refused to wear a mask in a shopping centre.

Margaret Buttimer, 66, of the Cottage, St Fintan’s Rd, Bandon, Co Cork, was previously sentenced to 90 days in jail after she repeatedly refused to wear a mask in public indoor places in west Cork. At 11.10am on Thursday, Buttimer was again arrested for refusing to wear a mask in Riverview Shopping Centre, Bandon.

Garda Paul Gleeson told Bandon District Court that Ms Buttimer made no reply after he arrested and cautioned her. Her solicitor, Plunkett Taaffe said that he was seeking bail because she had an appointment with a psychiatrist later that day.

“I am concerned about this lady’s mental health,” he said.

A previous report into her mental health had been inconclusive. The State had no objection to bail other than that she was a habitual and serious offender, the court heard.

Judge James McNulty said that Ms Buttimer was a repeat offender.

“Was Margaret Buttimer accompanied during the alleged reoffending today?” He asked. She had been alone, he was told.

Judge McNulty said:

Given this lady’s history, she has been prosecuted and punished before. I’m intrigued how she is allowed to roam.

Promises had been made in the past that Buttimer would be supervised, he said. But Mr Taaffe said there “was a limit” on how much one person could contain and control another adult.

“Since she has been out of jail she has been monitored as best they can. There was a lapse today,” Mr Taaffe said.

There was a “reasonably long gap” between offences and reasonable supervision had been in place but someone can’t be on duty 24/7 supervising, he said.

“He [Buttimer’s partner] wasn’t aware this was going to happen, otherwise he would have taken steps. Significant effort has been made to try to prevent it [reoffending],” Mr Taaffe said.

Judge McNulty asked if Buttimer had been vaccinated for Covid-19. She said she had not. She also said that she does not wear a face mask when visiting her elderly mother.

“This is exceptional and unusual,” Judge McNulty said and suspended a final decision on bail until after Buttimer’s medical appointment that day. It then transpired that her partner was actually due to speak to Buttimer’s psychiatrist later that day, rather than the defendant herself.

Bail was refused and Buttimer was remanded in custody and detained at Bandon Garda Station until 3pm yesterday. “Maybe when you come back [from the psychiatrist] you’ll have news for us which may influence my decision,” Judge McNulty said.

When Buttimer returned to court unmasked, Judge McNulty offered her a clean face mask to wear but she refused. Her solicitor, Mr Plunkett Taaffe, said that Buttimer’s partner's meeting with her psychiatrist that day had been “virtually futile” but that a brain scan was “on the cards”.

'A bad lapse'

Sgt Paul Kelly said that from the time the defendant was released from jail, having spent some 32 days there, she had not committed any offences until yesterday. “So she spent a month in prison and has not reoffended since. This was just a bad lapse?’ Judge McNulty asked.

He said that he would release Buttimer on bail until a hearing date, set for November 15. Mr Taaffe said that as his client believes she has not committed an offence, the plea would likely be ‘not guilty'. 

She was released on bail on condition that she keep the peace, be of good behaviour and commit no more offences. “She shall not enter Riverview Shopping Centre or any retail premises in downtown Bandon,” Judge McNulty, said, expanding on her bail conditions.

“Likewise, she is not to enter any place where the public has access. That would include church, chapel, meeting house, post office or public offices.” He warned her against repeat offending or breaching any of these bail conditions.

“While released on bail gardaí are at liberty to re-enter the matter if any breach of bail conditions occur," he said. Legal aid was granted to Mr Taaffe.