Niall Robert Mahany sentenced for assaulting a woman at Petbarn for ignoring Covid-19 health advice

A health worker slapped a fellow pet shop customer in the face after noticing she did not check in before entering the shop and wasn’t wearing a mask.

A Sunshine Coast health worker assaulted a customer at a pet shop after noticing they had not checked in before entering and were not wearing a mask.

Niall Robert Mahany, 58, pleaded guilty at Caloundra Magistrates Court on Wednesday, May 11, 2022, to one charge of common assault.

Police prosecutor Sergeant Stephen Potter told the court officers were called to Petbarn in Little Mountain on December 27, 2021, at 11.20am after Mahany assaulted a woman who was waiting in the checkout line.

The court was told that Mahany followed the woman through the store after she entered without checking in.

Mahany said to the woman “show me your face” twice while trying to take a photograph of her on his phone.

The woman told Mahany to leave her alone before he slapped her in the face.

Staff asked them both to leave the store and police arrived shortly after and spoke with witnesses about the incident.

Authorities reviewed the store’s security footage which showed Mahany wearing a black cap and assaulting the woman by a checkout counter.

Niall Robert Mahany at Caloundra Magistrates Court.

Mahany said in a police interview on January 19, 2022, that he was frustrated about people not wearing masks and checking in at venues.

He claimed to have been following advice the police commissioner gave about reporting those that did not abide by Covid-19 health guidelines.

Sergeant Potter said a term of imprisonment was not a last resort due to the violence used.

Defence lawyer Rowena Ferrall said the health worker’s industry had been under intense strain in the wake of the pandemic.

Ms Ferrall said Mahany had barely left the house since the incident and was effectively “self isolating”.

She asked he be placed on a good behaviour bond with no recorded conviction.

Magistrate Catherine Benson said Mahany’s behaviour was out of character given he does not have any criminal history.

She said while public anxiety about the spread of Covid-19 was high at the time of the offence there was no excuse for his actions.

Mahany was placed on a six-month good behaviour bond and to pay a recognisance of $650.

No convictions were recorded.