Cork man coughed into shopping centre security guard's face at height of pandemic

The incident took place at Mahon Point on September 18, 2020

It was alleged the accused man, James McDonagh of 1 Inchera Close, Mahon, had been coughing on clothing in one of the stores and then walked out on to the mall where he was laughing with siblings. Picture: Denis Minihane

A young man visiting Mahon Point shopping centre at the height of the Covid pandemic coughed in an exaggerated manner directly into the face of a security officer.

James McDonagh denied a charge of assault arising out of the dispute incident. However, Judge Marian O’Leary convicted the young man at Cork District Court.

Security officer Eoin McGuigan was working on the mall area of the Mahon Point shopping centre on September 18, 2020.

It was alleged the accused man, James McDonagh of 1 Inchera Close, Mahon, had been coughing on clothing in one of the stores and then walked out on to the mall where he was laughing with siblings.

McDonagh said he never coughed on the clothing. He asked why he would do such a thing and said he would only get himself barred and he had been back at the shop last week without any problem.

He said he was in the shop that day to buy clothes for a wedding.

Inspector Gillian Sinnott put it to the defendant that he had coughed in an exaggerated manner into the face of Mr McGuigan.

“You are on the CCTV, you are laughing with your siblings. In relation to walking on the mall of the centre, you did an exaggerated cough on to Mr McGuigan,” Inspector Sinnott said.

The defendant, who is aged about 30, replied: “That is not a cough. It is a laugh and a joke. If people think that is a cough — Jesus Christ. I did not cough in his face.” 

The inspector said: “You had removed your mask?” He replied, “I could have.” She asked him again, “Did you?” And he replied, “Yes.” 

The defendant said he would have a laugh and a joke with every security person in the centre and that the complainant was the only person who has a difficulty with him [the defendant]. 

“No other security person has a difficulty with me.” 

Inspector Sinnott said the only difficulty the accused had with the defendant was that his behaviour on the day put him in fear because it was during the pandemic.

Judge Marian O’Leary said on the basis of the evidence, the State had proved its case and she convicted on the assault charge but dismissed the count of engaging in threatening behaviour.

Defence barrister Elaine Audley said the defendant had no previous conviction for assault or anything of that nature. She said around this time he was going through a difficult experience and he turned to drink. “I would ask the court to be merciful,” Ms Audley said.

Judge O’Leary put James McDonagh on a probation bond to comply with directions of the service for the next 12 months.