Mother and her daughter fined for Covid breach

A MOTHER and her daughter, both of whom were jailed earlier this year for not wearing face masks at a local supermarket in defiance of Covid-19 restrictions, have each been ordered to pay €250 to charity on appeal.

Eucharistic minister Mary (68), and her daughter, mother-of-two Audrey Rooney (37), both with an address at Birdhill, Drumconrath, came before Judge Mary Morrissey at an appeals sitting of Cavan Circuit Court last month.

Edmund R Shanahan BL initially informed the court that his clients had intended to “defend fully” their position in the appeal, but for State solicitor Rory Hayden to lobby the court by noting that the penalty imposed “seemed out of kilter” with the offence.

He added that if their “sincere remorse” could be noted before the court, then perhaps the judge might be minded to deal with the matter on terms of severity.

There were dramatic scenes at Virginia District Court after the Rooneys were jailed. Earlier they had read from a prepared script to say they were “a living and breathing woman under God” and that wearing masks restricted their breathing and “therefore causes me harm”.

Mr Shanahan noted that their jailing, until the appeal papers were filed, had “traumatised” the pair. He said the mother and daughter had entered SuperValu in Kingscourt on 5th February 2021, when they were told it was store policy to wear a mask.

It was accepted in the appeal that the Rooneys were sorry for how matters had transpired.

Mr Shanahan states that his clients relied on statutory instrument 296, Section 5, which says that anyone in "extreme distress" can be exempt from wearing a face covering.

"There is discretion in the interpretation," he said, and that his clients' opinion regarding mask wearing dwelled in a "twilight zone" created in the ambiguity.

The Rooneys had represented themselves in the District Court, and contested the charges against them.

Letters from the Rooneys' GP were also handed into Judge Morrissey in the Circuit Court, and Mr Shanahan further suggested that the judge in the District Court may have taken umbrage with the appellants not wearing masks then either.

The sentencing, he maintained, was "hugely disproportionate" to the crime. The mother and daughter had "spent two days in prison" and he said it had been "like a nightmare" for them.

"I'm quite certain my clients are regretful but they had a strong belief in themselves," stated Mr Shanahan.

Judge Morrissey responded by saying that the rules introduced were done so at a "difficult" time for the country and government. "Difficult decisions had to be made in the public interest."

She adjourned the appeal to the July sittings of the Circuit Court in order to allow the Rooneys to pay a sum of €250 each to the court poorbox.

"I'd be hopeful this can be disposed of on the next occasion," she said. Legal aid was granted.