Man found guilty of assault after woman was video-recorded in Wilton Shopping Centre car park

A MIDDLE-aged woman claimed that a man sitting in a car video-recorded her in a shopping-centre car park and later assaulted her when she challenged him about the “weird and creepy” incident.

Marion Schmoranzer testified at Cork District Court that on the morning of December 21, 2020, she went to Wilton Shopping Centre, parked her car, and walked towards the front entrance.

“When I was parking I saw someone holding a phone in my direction. It was very creepy in this day and age,” she said.

“I passed by the car and saw that he was still recording my car. I thought, ‘hold on a second, I’d better ask.’ I knocked on the window. He ignored me. I kindly wanted to ask ‘why are you filming me?’

“He pushed me away. I was very shaken. I never expected something like that. I am still shaken two years later. I thought, ‘what just happened, to treat a human being like that?’” Ms Schmoranzer said.

She told Inspector Ray Dunne that apart from some bruising she was not physically injured but was pushed “forcefully enough”.

Cross-examined by defence solicitor Pat Horan, the witness said: “When I passed I saw someone recording my car, which I thought was very weird and creepy.” She agreed with Mr Horan that she was the one who opened the defendant’s car door.

Mr Horan said she could have contacted the gardaí or security officers at Tesco in the shopping centre but instead she decided to confront the defendant aggressively. The witness denied approaching him in that way and said: “I have a degree in psychology. I know how to behave.”

Garda Anthony Sugrue said the defendant was the one who called the gardaí and that the defendant claimed the woman grabbed his arms and took his phone out of his hand and that his actions were only to defend himself.

Pat Horan, solicitor, said of the accused: “He is dealing with an aggressive act and is entitled to defend himself.”

Defendant Christopher Higgins, of Elm Grove, Castlemartyr, Co Cork, testified: “I was waiting for my ex-partner. She was shopping.”

Ms Schmoranzer “was reversing at an awkward angle. I thought she hit the car. I took the phone out. I recorded her reversing into the spot. That is all I recorded.”

It was put to the defendant by Mr Horan that the complainant claimed that he was videoing her. Higgins replied: “No, no, I wasn’t videoing her.” Asked what he was doing in his car otherwise, he said: “I was just looking at YouTube.” The defendant said: “She was banging on the window. First she knocked, then she started banging hard. Then she opened the door. I stood out of the car. She grabbed my hands. She grabbed my phone. One of her nails went into my skin. She was very angry.

“She asked was I recording her. I said, ‘No, I was recording you parking’. That was it. She was aggressive. She was angry.” He said he did not open the door because of Covid concerns.

Mr Horan said: “She said you pushed her.” The defendant said: “I never pushed anyone. I pulled myself free. She stumbled.”

CCTV showed her falling to the ground during the disputed incident.

Inspector Dunne asked him: “Would you accept you were reckless?” He replied: “No, I didn’t push the woman. She stumbled when I pulled my hands out of her grasp.”

Judge Marian O’Leary noted that the complainant did fall to the ground beside the car. 

The judge said: “On the evidence, it is clear he was reckless. The State has proved its case. I find the defendant guilty.”

Sentencing of Higgins, aged 51, for assault was adjourned until November 10 so that a victim impact statement could be prepared.