Cork grandmother jailed for 90 days for repeated facemask offences

"The court cannot, unfortunately, indulge in sympathetic speculation as to possible causes for the offending," said Judge James McNulty, after deeming the results of a medical report "inconclusive".

Margaret Buttimer. Picture: Larry Cummins

A Cork grandmother has been jailed for a total of 90 days over not wearing a facemask in a shop in what a judge said were offences that were "deliberate and repeated, persistent and wilful, and without justification, or any lawful excuse".

Margaret Buttimer (aged 66) of the Cottage, St Fintan’s Rd, Bandon, Co Cork, had already received a suspended sentence for an earlier offence in which she did not wear a mask, as required by laws introduced to fight the spread of Covid-19.

Her solicitor, Plunkett Taaffe, had on a number of occasions flagged possible medical issues regarding his client, and had outlined the concerns that some of her family members had for her regarding her recent behaviour.

In addition to having been convicted of an offence arising from an incident in Clonakilty in February, last month Ms Buttimer pleaded guilty to two charges of failing to wear a mask while in shops in Bandon on two dates in May. 

Sentencing was deferred on those two charges until July 12, pending the provision of a medical report.

However, she then faced two further counts of refusing to wear a mask at SuperValu, Riverview Shopping Centre in Bandon, on June 25 and July 1, with the latter incident alleged to have taken place while on bail, the conditions of which prohibited her from being in certain parts of Bandon and from entering retail premises.

In court, Ms Buttimer contested the most recent charges, with Judge James McNulty hearing evidence from the store manager at SuperValu in Bandon, Alan Owens, that he had encountered Ms Buttimer on both occasions, once in-store and a second time at the entrance. She was not wearing a mask on either occasion and two gardaí also testified that she had refused to wear a mask.

Judge McNulty received and read reports submitted by Mr Taaffe from Dr Eleanor Mullan, of the Department of Psychiatry of Old Age in UCC, and from a psychologist. The court also heard that the defendant did not recall having pleaded guilty last month to two earlier offences.

Judge McNulty said: "This case is about rights and duties.

"Margaret Buttimer is entitled not to wear a mask at home or outdoors — but like every other citizen she is required by law to wear a mask when she enters a shop, or other public indoor space."

The judge said Ms Buttimer was entitled to a pension and a medical card, and had been granted legal aid. But he said: "The primary duty of a citizen is to obey the law.

Inexplicably and inexcusably, Margaret Buttimer has shown profound disrespect for all those who have lost their business, employment, travel, and educational opportunities, lost lives and loved ones, suffered health impairment, and put lives on hold, and tolerated restraints which are much greater than just having to wear a mask when shopping.

"Locally, Margaret Buttimer has disregarded the rights to health and safety of those who work in frontline retail, from the store manager to the checkout girl.

"She has been disrespectful to other compliant shoppers, who may be vulnerable, or who may be the carers of vulnerable children or elderly relatives. Her own elderly mother is 93 and her partner is 69 — and they are also entitled to be protected from her irresponsibility."

He described the report by Dr Mullan as "inconclusive", with an MRI scan being recommended, and he said the clinical psychology report recommends a further assessment in nine to 12 months' time.

"In the absence of clear and conclusive medical evidence, the court cannot, unfortunately, indulge in sympathetic speculation as to possible causes for the offending," said the judge.

For the offences in Bandon on May 12 and May 14, he imposed two 14-day terms of imprisonment, adding that because Ms Buttimer had spent the past 12 days in prison, those two sentences were deemed have been served.

As for the June 25 offence, he convicted her and imposed a sentence of 30 days imprisonment. 

For the July 1 offence, he convicted her and imposed a sentence of 60 days. Judge McNulty said this sentence was committed while Margaret Buttimer was on bail, and would have to be served consecutively.

"Accordingly, the sentences total 90 days, and to be served forthwith," he said, adding that he would not activate the previous suspended sentence of 21, but that it remained open to the court to do so.

Judge McNulty set recognisance for any appeal at Ms Buttimer's own bond of €100, no cash required, and two sureties of €300, as well as an undertaking that she would be supervised and that she would not commit any offences.

Mr Taaffe said no appeal would be lodged.