Following her non-appealed 28 day stint in prison, Maura Harrington appeared before Belmullet District Court on Wednesday for the continuation of a part heard case where it was alleged that Harrington, Tullyaghanbawn, Geesala, Belmullet, who appeared to three witnesses to be in an “aggressive” and “drunk” state, climbed over the gate at a private Roadbridge site in Glengad on June 19 2008 at 12.50am; went into a security cabin where she removed a log book and threw it away; tried to remove a camera from one of the IRMS security men who was filming the incident; kicked one of the security men in the groin; and tried to smash the window of a car parked in the yard with a block but failed in her attempts.
Defending solicitor Alan Gannon applied for direction, however Judge Mary Devins said that there was a prima facie case. Mr Gannon then made an application for the judge to disqualify herself from the case as in the last sentencing of Harrington his client felt that the judge “inadvertently drew in other matters from other cases,” and that “because of the volumes of prosecutions against my client” Harrington is concerned that she would not receive “a fair trial”. This application was refused as the judge outlined how impartial she has been in cases involving Harrington and that an appeal was not lodged against the judge’s sentencing of the defendant.
Harrington took the stand where she said that she did not “assault the gentleman: but climbed over the gate, which had a private sign on it, into the yard — which she said is owned by her relation — to find out who the men were and on whose behalf they were working, but did not find this out as the men had no ID.” The defendant said that she did not “accept as truthful” evidence that she went into the cabin and threw out a log book or picked up a block.
Mr Gannon said that there was a contradiction in witnesses’ evidence in that the injured party in his direct evidence said that he was only kicked once in the groin, while his statement and in other witnesses’ account it was said that the injured party was kicked twice and that this contradiction should cast doubt on the court’s mind. The solicitor continued to say that Harrington had not trespassed as the owner of the property was related to her, and that the security guards were in breach of the Private Security Services Act 2004 by not displaying IDs, yet were not prosecuted.
Superintendent Michael Larkin said that no complaint was made on the night in relation to the non display of ID; that all three witnesses were consistent in that there was a kick to the groin by Harrington; that the defendant accepts that she entered a property where there was a private sign erected and that it was “naive in the extreme” for Harrington not to know the exact nature and purpose of the yard as there had been a previous incident at that site.
Judge Mary Devins adjourned the case until May 13 2009.
