A JUDGE said yesterday that Dublin city councillor Louise Minihan had shown no remorse when she convicted her of assaulting former minister for health Mary Harney, who was splattered with red paint at a hospital last November.
Ms Harney gave evidence that she estimated that between €600 and €800 worth of damage had been caused to her clothes.
For the criminal damage offence, Judge Anne Watkins imposed a two-month term which she suspended on condition the defendant keeps the peace for the next 12 months.
In relation to the assault, the judge fined Minihan €1,500 which must be paid within a year or she will face a seven-day jail term.
“People are entitled to protest but are not entitled to do that,” the judge said.
Ms Harney had paint thrown at her, covering parts of her clothes, neck, chest and hands, during a sod-turning ceremony for a new primary care and mental health unit at Cherry Orchard Hospital in west Dublin, on November 1st last.
The 29-year-old councillor, with an address at Knock Riada, Chapelizod, Dublin, who is a member of the socialist republican Éirígí party, had pleaded not guilty to assaulting Ms Harney and criminal damage to her clothing.
The judge heard at the Dublin District Court that Minihan accepted the facts of the case but claimed she had been engaging in a “political protest”.
After being found guilty, the councillor, a mother of one who earns €17,500 a year, refused to do community service or to make a donation to a charity nominated by Mary Harney, because she wanted to “stand over her actions”.
The judge said Minihan had “no excuse” and that the Éirígí councillor had “wasted” taxpayers’ money through legal aid fees and court time.
Dressed in a dark blue suit, Ms Harney took the stand and said she had attended the ceremony where local councillor Minihan introduced herself.
“She said she would like to have a word with me later, I said certainly,” Ms Harney told the court. As she got on with the ceremony she felt what she first thought was water but “when I looked up it was a red substance I subsequently discovered was paint”.
Ms Harney turned and saw Minihan holding “some class of a bottle” and heard her say “you have blood on your hands”.
The paint was on her shoulders and neck and “on my woollen coat and dress underneath, and my boots were damaged”. She continued with the ceremony and afterwards returned to her home to change before her next event.
“In the case of dress and coat it was not possible for dry cleaners to remove the paint,” she said, adding that Minihan caused €600 to €800 worth of damage.
In cross-examination, defence solicitor Kieran Conway put it to her that his client’s motive was to protest and her actions were not personal. Ms Harney replied: “I do not think it is an acceptable form of protest in a democracy.”
Witness Concepta De Brun said before the attack she heard Minihan say “I will have that word now” and then twist the top of the bottle. Afterwards Minihan shouted at Ms Harney: “People are dying on your watch, you are responsible for destroying people’s families,” she said.
Afterwards, Minihan said: “I believe I was well within my rights to do what I done.” She said she would continue to protest about the state of the health service.
She claimed her actions were not violent. “It was diluted red paint that I used, it was more symbolic of the blood that she has on her hands for the decisions she made as health minister.”