Cork man found guilty of spitting in face of betting shop staff member

Court told parties could not access CCTV recording of disputed incident despite numerous efforts

The man denied spitting in the face of a staff member at Boyle Sports on Castle Street/South Main Street, Cork.

 All parties to a court case related to a disputed incident at Boyle Sports complained that the company had failed to provide CCTV recordings of the incident — as a customer was convicted of assaulting a member of staff by spitting in her face.

Judge Joanne Carroll said that the accused man wanted CCTV of the incident, the injured party wanted it, the gardaí had made exhaustive efforts to get it, and she would have liked to have it available to Cork District Court. However, all efforts failed.

Gavin Reidy, aged 28, of Cul na Cille, Church Hill, Carrigaline, County Cork, denied assaulting Lauren Shepard by spitting in her face at her place of work at the time, Boyle Sports on Castle Street/South Main Street, Cork. But Judge Joanne Carroll convicted him and adjourned penalty to allow for a probation report.

“If there is a positive probation report I won’t send him to prison. But if he comes to the attention of An Garda Síochána for any reason I will have no option but to send him to prison,” Judge Carroll said.

The absence of CCTV was referred to on numerous occasions during the trial at Cork District Court where Reidy was prosecuted by Inspector Ray Dunne.

Garda Adrian Murphy said twelve attempts were made by various contacts with Boyle Sports to get CCTV. Garda Murphy said he was informed that it was downloaded and stored in the UK. He said the manager at the Cork premises showed him the attempts he had made to secure the CCTV footage.

Eddie Burke, defence solicitor, said: “To say Boyle Sports have a system in their shops and cannot get a recording of that beggars belief.” 

Garda Murphy said: “I agree, it beggars belief. I have exhausted all attempts.” 

Mr Burke said: “And the injured party cannot get it.” 

Judge Carroll said: “It is unsatisfactory.”

 Mr Burke said: “I feel Boyle Sports are protecting themselves from another issue apart from the fact that it would exonerate my client.” 

Judge Carroll summarised the position: “You are deeply suspicious they won’t release it for business reasons and that has implications for members of staff.” 

Mr Burke said that was precisely the case.

During her evidence, Loren Shepard said: “I wish we had CCTV.” Mr Burke said: “We wish we had CCTV.” 

Evidence

Ms Shepard said in relation to that morning that she was trying to block the machine Reidy was using because he was barred from the shop as a result of a previous incident.

“I was working. Gavin entered the shop. He went on to one of the machines to bet. The bet was in process. We can turn off the machine to stop the betting. However, this was taking some time. We asked Gavin to leave, which he declined.

“He got off the stool, told me to go back to my own country (Scotland). He stepped further toward me and said get back in my cage. I said I would phone the guards. He said they could not do anything to him. He spat straight in my face.

“I was shaken. By the time I was through with the call to service security, Gavin was gone.” 

Ms Shepard said it was Boyle Sports policy to provide CCTV and to keep it for six months but that contrary to policy she was not given it, despite asking for it within six months.

Colleague Erin Wallace said the defendant did spit in Ms Shepard’s face.

Mr Reidy said Ms Shepard physically moved him. “She didn’t push me, it was more of a nudge” 

Mr Reidy said he spat on the floor but denied spitting in her face.

Mr Reidy claimed that later in the day he was assaulted by a member of the security staff. Judge Carroll said that no such alleged incident was before the court and that she was only dealing with the charge against him.

Judge Carroll said that even in the absence of CCTV she was satisfied to convict Mr Reidy of assault and put it back two months for a probation report.