Women acted 'with great foolishness' by taking photographs in Cork courtroom 

Photographs of prison officers and a judge were taken in court during the appeal of rape convictions and the middle-aged woman who owned the phone and the 18-year-old woman who used it in court were brought before the court yesterday.

The two women found themselves literally in the dock at the Court of Criminal Appeal sitting in Cork.

Court guard, Garda Ken O’Connell, testified that he saw the phone being used in the courtroom. He immediately confiscated and examined the picture gallery of the phone, where he found that two photographs had been taken.

Barrister Lily Buckley prosecuted the matter where both women faced the possibility of being found in contempt of court, punishable by a jail sentence or a fine.

Defence senior counsel Jane Hyland and Seamus Clarke said their clients had acted with great foolishness in an attempt to capture an image of the young defendants in court to show to their elderly relative.

They said it was now appreciated that they had caused great concern by photographing a member of the judiciary, staff from Oberstown detention centre and prison officers but that there was no sinister intent and there was no distribution of the image online or elsewhere. 

They apologised for their actions.

Ms Justice Isobel Kennedy commended the actions of Garda O’Connell in confiscating the phone “very quickly and very properly”.

The judge said there was clear signage outside the court prohibiting the use of phones or cameras in the courtroom and that the actions of the two women were in flagrant breach of that, adding: “We find this to be a contempt of court.” 

However, in the absence of sinister intent they did not impose any prison sentence or fine on the two women. 

“We don’t propose to take any further action. They should never behave in such a fashion in the future.” 

The two women cannot be identified as it could lead to the identification of the juveniles whose identity is legally protected.