I don’t be­lieve a word, rules judge

Irish Examiner - - News - Liam Heylin

A 64-year-old wo­man failed yes­ter­day in her ap­peal against pub­lic or­der con­vic­tions as the judge said he did not be­lieve her ver­sion of events.

Last year at Cork District Court, Judge David Wa­ters con­victed Mar­ian Kane, of Sun­val­ley Court, Sun­val­ley Drive, on charges of en­gag­ing in threat­en­ing, abu­sive, or in­sult­ing words or be­hav­iour and fail­ing to leave the scene of a dis­tur­bance when di­rected by gar­daí.

Cross-ex­am­ined by state so­lic­i­tor Frank Ny­han, she said of the in­ci­dent: “I am not ly­ing, it is the guards who are ly­ing.”

Kane said she com­plained about them to the Garda Om­buds­man.

Aris­ing out of the in­ci­dent at 4.30pm on Novem­ber 1, 2015, at Hol­ly­hill Lane, Judge Wa­ters fined Kane €100 for her threat­en­ing be­hav­iour and took the other charge into con­sid­er­a­tion at Cork District Court.

She ap­pealed the con­vic­tions to Cork Cir­cuit Ap­peals Court, say­ing the ga rd aí wanted her to walk away and she told them she was to­tally blind and wait­ing for a taxi.

Judge Ger­ard O’Brien told her so­lic­i­tor, Joseph Cud­di­gan, to tell his client she was lucky he was only af­firm­ing the or­der of the district court and not chang­ing it.

Judge O’ Brien said: “Frankly, I do not be­lieve a word Mrs Kane is say­ing.”

It was stated in the district court that the de­fen­dant was of­fered the pos­si­bil­ity of be­ing given an adult cau­tion in­stead of be­ing pros­e­cuted, as she had no pre­vi­ous con­vic­tions, but she de­clined this of­fer.

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