A woman who attacked award-winning journalist Jennifer Bray on O'Connell Street five years ago has had her appeal against conviction dismissed by the Court of Appeal.
Ruth Barry (36), of Moy Elta Road, East Wall, Dublin 3, was found guilty by a jury of cutting the face and causing serious injury to Ms Bray on O'Connell Street on June 25th, 2010. She was also found guilty of robbery and using a blade as well as assaulting one of Ms Bray's companions on the same date having denied all of these charges.
Barry was sentenced to seven years imprisonment with the final 18 months suspended by Judge Desmond Hogan at Dublin Circuit Criminal Court on July 26th, 2012.
Ms Bray was in the queue at McDonald's on O'Connell Street with Neil Callanan and Sarah Furlong when a dispute took place.
A short time later, Barry and her co-accused Jonathon O’Brien followed the three outside to where they had hailed a taxi. Barry punched Ms Bray, headbutted Ms Furlong and bit Mr Callanan as he was trying to restrain her.
Ms Bray had given evidence in the trial that she felt something cold on her face and heard a click. She then slumped to the ground. Counsel said she had been “slashed in the face” with a knife which had a retractable blade.
Barry lost her appeal against conviction on the grounds that the case should not have proceeded in the absence of a witness, Jacob Gajda, and as a result of the witness's absence, the trial was rendered unfair and unsatisfactory.
Mr Gajda, whose statement was provided to the court, had said he saw Jonathan O’Brien produce an object from the back of his waist, walked about with it, placed it in a hiding place and then disposed of it down a drain.
The argument was that the absence of Mr Gajda meant the jury had an incomplete picture, namely that the co-accused only handled a blade after Ms Bray’s face was injured.
Mr Justice George Birmingham said the Court of Appeal carefully considered Mr Gajda's proposed statement of evidence. His evidence had the capacity to advance the point in time at which O'Brien had the knife but it did not address the question of whether Barry ever had a knife or blade, Mr Justice Birmingham said.
Given what happened to Ms Furlong, he said, it was impossible to conclude that any doubt is raised as to whether Barry had an involvement with a knife or blade.
Furthermore, the case was always presented as one of joint enterprise with both Barry and O’Brien each being responsible for the actions of the other.
There was no doubt, the judge said, that Barry was “centrally involved” in the incident from the very earliest stage.
Her actions in robbing Ms Bray as she lay slumped on the ground and then in departing the scene with O’Brien “put beyond doubt that she never withdrew from the joint enterprise”.
Mr Justice Birmingham said no evidence Mr Gajda might have offered could have raised doubt about the fact Barry was party to the very serious assault on Ms Bray.
Whether that be as the person wielding the knife, “which seems highly likely” or by supporting and assisting the person wielding the knife, the judge said.
Mr Justice Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice John Edwards, said it could not have rendered the verdict of the jury unsafe or unsatisfactory. Accordingly the court dismissed the appeal.
Barry was returned to prison where she will serve out the remainder of her sentence.
Ms Bray was awarded NNI Young Journalist of the Year 2014.