Case No. 24142Public health regulation (facemask refusal) · Co. Kildare · 4 Jan 2021

Facemask refusal and assault case adjourned at Naas District Court

Sylwia Balecka, 42, a woman from Naas, was charged with an alleged breach of the Health Act and assault after she refused to wear a face mask and allegedly struck a staff member in the face at the Lidl store on Newbridge Road, Naas, on 4 January 2021. Her defence argued she is exempt from wearing a mask for anxiety reasons. The case was heard at Naas District Court on several dates, with the judge warning she could be jailed for contempt if she refused to wear a mask in court. The matter, which is fully contested, was adjourned to 20 April 2023.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court8 Jul
    3 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
A woman allegedly refused to wear a face mask and assaulted a staff member in the face at a Lidl store.
Where
The incident occurred at the Lidl store on Newbridge Road, Naas, County Kildare.
When
The incident occurred on 4 January 2021.
Cause
The defence claims the woman is exempt from wearing a face mask for anxiety reasons.
Charges
She is charged with an alleged breach of the Health Act and assault.
In court
  • The case was heard at Naas District Court on multiple dates.
  • Judge Desmond Zaidan warned the woman could be jailed for contempt if she refused to wear a mask in court.
  • The case was adjourned to 20 April 2023.
Other details
  • The accused, Sylwia Balecka, is 41 or 42 years old, originally from Poland, of 71 Craddockstown Way, Naas.
  • The case is being fully contested.
  • There is a problem with the CCTV recording.
  • A translator was certified for the defendant's next court date.
31 statements extracted from the articles
  • whatSgt Jim Kelly claimed she was not wearing a face mask when she entered the store. (kildarenow.com)
  • whatWhen asked to wear a mask she refused and began recording the incident on her phone. (kildarenow.com)
  • whatShe assaulted a staff member in the face when she was asked to leave. (kildarenow.com)
  • whatSylwia Balecka, 41, of 71 Craddockstown Way, Naas, is the accused. (kildarenow.com)
  • whatSgt Jim Kelly told a previous hearing that the woman had no mask when she came in and denied a request to wear one. (kildarenow.com)
  • whatBarrister Aisling Murphy said wearing a mask gives the woman anxiety. (kildarenow.com)
  • whatThe accused denied a request to wear a facemask while shopping (kildarenow.com)
  • whereHer address is 71 Craddockstown Way, Naas. (kildarenow.com)
  • whereThe case was heard at Naas District Court (kildarenow.com)
  • whereThe incident occurred at the Lidl store on Newbridge Road in Naas (kildarenow.com)
  • whenThe court hearing took place on 3 November 2022 (kildarenow.com)
  • whenThe incident occurred on 4 January 2021 (kildarenow.com)
  • causeThe exemption is for anxiety reasons. (kildarenow.com)
  • chargeShe is being prosecuted for an alleged breach of the Health Act and assault. (kildarenow.com)
  • chargeShe is charged with an alleged breach of the Health Act on 4 January 2021 at the Lidl store, Newbridge Road, Naas. (kildarenow.com)
  • courtShe appeared in Naas District Court without a face covering. (kildarenow.com)
  • courtThe matter was adjourned to December 1 by Judge Desmond Zaidan. (kildarenow.com)
  • courtThe case was adjourned at Naas District Court on 1 December 2021. (kildarenow.com)
  • courtJudge Desmond Zaidan said he would not take medical evidence at face value. (kildarenow.com)
  • courtThe judge said he could send the woman to jail for contempt if she refused to wear a mask. (kildarenow.com)
  • courtThe judge said the woman would have to call a doctor to give evidence. (kildarenow.com)
  • courtThe judge said he could clear the court to hold the hearing in another room in Naas Courthouse. (kildarenow.com)
  • courtThe case was adjourned until 6 April 2022. (kildarenow.com)
  • courtThe case was adjourned for hearing to 20 April 2023 (kildarenow.com)
  • courtA translator was certified for the defendant's next court date (kildarenow.com)
  • otherHer solicitor said she is exempt from wearing a face mask for anxiety reasons. (kildarenow.com)
  • otherThere is a problem with the CCTV recording. (kildarenow.com)
  • otherThe case is being fully contested. (kildarenow.com)
  • otherThe accused is 42 years old (kildarenow.com)
  • otherThe accused is originally from Poland (kildarenow.com)
  • otherThe defending solicitor is Tim Kennelly (kildarenow.com)

The reporting

newest first
  1. 8 Nov2022
    Sitting Kildare court judge: ‘Do you need a translator for yourself?’

    Article reports the judge's frustration with the translator and the adjournment of the case to April 2023.

    accused, Sylwia Balecka, 42, female, named, non-irish (judged from name)Sylwia Balecka
  2. 10 Dec2021
    Woman declines to wear face mask in Kildare courtroom

    Details of the 1 December 2021 hearing where the accused declined to wear a mask in court, citing anxiety; Judge Zaidan adjourned to 6 April 2022 and warned she could be jailed for contempt.

    suspect, Sylwia Balecka, 41, female, named, non-irish (judged from name)Sylwia Balecka
  3. 8 Jul2021
    Woman allegedly assaulted Naas supermarket worker over Covid-19 mask

    Adds details of the court hearing including Sgt Jim Kelly's account of the incident, the defence's medical exemption argument (anxiety), a doctor's letter, CCTV issues, and confirmation the case is fully contested.

    accused, Sylwia Balecka, 41, female, named, non-irish (judged from name)Sylwia Baleckavictim