A MOTHER and her son have been convicted for attending a centenary commemoration at the ambush site in Crossbarry during the height of the lockdown almost three years ago.
Jonathan O’Donovan of Shanacashel, Kilmichael, Macroom and Catherine O’Donovan of the same address contested the charges at Bandon District Court.
Det Sgt Ann Murphy of Bandon Garda Station told the court that she was on duty on March 21st 2021 when she and her colleague Det Gda Peter Nolan were made aware of an organised gathering at the ambush site at Crossbarry.
‘When we arrived we observed that there were about 70 people gathered and about 35 to 40 cars. While walking towards the site we came across the two defendants who I recognised,’ said Det Sgt Murphy.
‘I told them that there was a still a lockdown in place and that any public gatherings were prohibited. I asked them to leave but they declined. Jonathan said he was attending the commemoration and walked off to it.’
The court heard that orators spoke at the outdoor commemoration which lasted for an hour. A number of people attending the event did comply and leave the area, but a number of others declined to leave.
Det Sgt Murphy said they spoke to a number of people who also attended the event. She sent eight fixed charged notices as a result of the public gathering.
‘Two of these were sent to Jonathan and Catherine O’Donovan and both were returned. Summons were later issued for them to appear in court.’
Judge James McNulty was told that the pair were well in excess of being 5km from their home. Det Gda Peter Nolan said the event was advertised on social media and he and his colleague stayed there until the event was over.
Giving evidence, Catherine O’Donovan said she drove to the commemoration and met the gardaí there.
‘We weren’t asked to leave and if she had asked me to do so, I would have left. I stood alongside my car during the orations and left after it was over,’ she said.
When questioned by Insp Kay O’Donoghue about the 5km rule in operation at the time, she said she was aware of that rule.
Jonathan O’Donovan said he was a passenger in the car and wasn’t involved in the organising of the commemoration but had seen it advertised on the internet.
Defence solicitor Eamonn Fleming argued that neither of his clients were asked to leave and neither had been organising the event.
‘There was a reasonable excuse for people to attend and it would be harsh to convict them for commemorating their heritage,’ said Mr Fleming.
Judge McNulty noted the conflict of evidence in that both gardaí asked them to comply and leave the area.
He was told that Catherine O’Donovan has no previous convictions, while her son has 47, including 36 for road traffic offences.
Mr Fleming said that Catherine O’Donovan is a mum of two children and said she drove to Crossbarry as her son was disqualified. ‘She may not have gone if he hadn’t asked her.
‘She has a clean record and has paid her legal fees,’ said Mr Fleming, who asked the court to be as lenient as possible.
Judge McNulty convicted both of them but deferred penalty until January 5th, indicating that the fine for Jonathan O’Donovan may be €500, while the court may be more lenient on his mum.
