Pregnant woman who spat at Cork bus driver given suspended sentence

Elizabeth Butler denied spitting at and verbally abusing the bus driver. 
Pregnant woman who spat at Cork bus driver given suspended sentence

Image for illustration purposes

A pregnant woman convicted of spitting at a bus driver and verbally abusing him for not stopping at the stop where she wanted to get off, has denied the charges.

Elizabeth Butler testified at Cork District Court: “I did press the bell a bit late — I should have pressed it further back.”

But she went on to say that she pressed it two houses before the stop and believed the driver should have stopped, adding: “The two houses are huge — they’re not like Mayfield houses at all.

“If he was doing the right speed limit, there was plenty of time to stop the bus.”

Inspector Brendan McKenna put it to the accused after viewing the CCTV from the bus in court: “You bent down to the hatch and you spat at him.

“You got off the bus and kicked it and threw liquid [coffee from a paper cup] at it.”

Denied

Ms Butler denied spitting, adding: “That bible means everything to me on what I was brought up with.”

Bus Éireann driver Remon Samuel said in evidence that Ms Butler and her partner Don Duggan got on the 208 bus in Cork city centre and that the bell was pressed to stop, but it was too late to stop and he stopped instead at the next bus stop at Iona Park outside Looney’s chip shop.

He said he was verbally abused by both of them, and that Ms Butler spat at him through the hatch, the spit landing on his arm and shoulder.

Judge John King convicted Elizabeth Butler, 37, from 19C Newton Avenue, Boherboy Rd, Cork, of assault, being threatening, and attempting to commit criminal damage.

The judge imposed a three-month suspended sentence on her.

Don Duggan, 37, of the same address, pleaded not guilty to the single charge of engaging in threatening behaviour, and Judge King dismissed the case against him, saying the prosecution evidence did not reach the threshold.

Elaine Audley, barrister for both accused, said during the case that Mr Duggan’s very deep voice might have been misinterpreted as being threatening.

The defendant said: “When I was 10, they thought I was [sounding like] a 25-year-old.”

Cross-examination

Under cross-examination about the bell being pressed too late, Mr Duggan said: “I pressed the bell, why did he not stop the bus? That’s hijacking.

“He is not driving a rally car, he’s driving a bus.”

Before leaving the witness box, Mr Duggan was anxious to demonstrate for the judge, with the assistance of a picture on his phone, how — in his view — it would not have been possible for spit through the hatch to land on the driver’s shoulder.

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