A Raphoe woman who racially insulted three members of a mixed-race Donegal family, including a two-year-old girl, has avoided being jailed.
Majella McDaid’s remarks were branded as ‘abhorrent’ by Judge Vincent Deane at Letterkenny District Court.
The court heard that a 25-year-old woman, accompanied by her 13-year-old sister and a two-year-old child, went to Friel’s Hotel in Raphoe at 1.20pm on August 31, 2021.
McDaid was in the pub at the time and proceeded to call the family ‘black bastards’. The court heard that McDaid subsequently told the woman that she would ‘break your face’ while the child was clearly upset.
McDaid called them ‘British bastards’ before being removed from the premises.
The court heard from Gardai that the family members are of mixed-race and all were ‘born and reared in Donegal’.
McDaid, a 42-year-old of Kelly’s Flats, William Street, Raphoe, was charged with using threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned, an offence contrary to Section 6 of Criminal Justice (Public Order) Act, 1994.
She was also charged with being intoxicated in a public place.
Sergeant Jim Collins said that McDaid said in an interview that she was unable to remember the incident as she was highly intoxicated at the time. McDaid was later said to be ‘apologetic’ by Sergeant Collins.
Previously, McDaid was disqualified from driving for four years after failing to supply a breath sample to Gardai.
Mr Frank Dorrian, solicitor for McDaid, said his client had a ‘very significant alcohol addiction’ and was homeless at the time.
“She has no recollection or insight into this,” Mr Dorrian said. “She is thoroughly ashamed. She is aware that this matter doesn’t speak well of her. From the outset, she apologises. This wasn’t maliciously motivated.”
Mr Dorian said McDaid has taken remedial action for her addiction and is now ‘alcohol free, reasonable and functional’.
Judge Vincent Deane described the incident as ‘abhorrent’.
“This was a family out enjoying lunch,” Judge Deane said. “On the level of behavior on this charge, this is on the higher level. There has to be a sentence – for the crime and for the person. I accept that she had a drink problem, but this is an explanation not an excuse and has to be marked.”
Judge Deane sentenced McDaid to two months imprisonment and suspended the entirety of the term for a period of two years.