Ireland Case No. 7761Harassment · Co. Dublin
Mother 'under duress' when pleading guilty to harassing doctor, Court of Appeal hears
Marlies Walsh, a 51-year-old woman from Clonakilty, Co Cork, was charged with harassment over repeated contact with Dr Atif Awan and others at Temple Street Hospital in Dublin between December 2017 and August 2020. She was charged in April 2020 and pleaded guilty on the first day of her trial at the Dublin Circuit Criminal Court. On 24 November 2022 she received a two-year sentence suspended for two years, along with a 20-year order not to communicate with Dr Awan. She appealed her guilty plea, saying she was under duress, and the Court of Appeal refused her appeal against conviction on 30 November 2023. The latest development is that the Supreme Court refused her application for leave to appeal on 7 May 2024.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court27 Jul
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- Marlies Walsh, 51, pleaded guilty to one count of harassment contrary to section 10 of the Non-Fatal Offences Against the Person Act 1997.
- Walsh contacted Dr Atif Awan and others at Temple Street Hospital and began confronting Dr Awan outside work.
- Sources differ on how contact was made: the Irish Times reports phone calls and email, while the key facts list phone calls, in-person visits and letters sent to the hospital.
- Where
- The harassment concerned Dr Awan and others at Temple Street Hospital in Dublin.
- When
- Walsh contacted the doctor and others at the hospital between December 2017 and August 2020, with the offending described as taking place in 2018 and 2019.
- Cause
- Walsh contacted hospital staff because she wanted to work as a patient advocate, and her son, now 21, had been a kidney transplant patient at the hospital.
- Investigation
- Walsh received cautions from gardaí and cease-and-desist letters from the hospital before she was charged.
- In April 2018 the hospital asked Walsh not to contact Temple Street unless it related to her son's care.
- Charges
- Walsh was charged with harassment in April 2020.
- In court
- Walsh was re-arraigned on the sole count and pleaded guilty on the first day of her trial before the Dublin Circuit Criminal Court.
- Walsh, representing herself, appealed her guilty plea to the Court of Appeal, saying she was under duress and had to prioritise her son's care, and Mr Justice Edwards said the court would reserve judgment.
- The Court of Appeal refused Walsh's appeal against conviction in an order dated 30 November 2023.
- The Supreme Court refused Walsh's application for leave to appeal on 7 May 2024, the application having been made out of time.
- Other details
- Walsh was granted bail but breached her bail conditions by attempting to contact personnel at Temple Street Hospital.
- Sentence
- On 24 November 2022 Walsh received two years' imprisonment, suspended on conditions for two years.
- The court ordered that Walsh not communicate with Dr Awan, or approach his residence or place of work, for twenty years.
21 statements extracted from the articles
- whatMarlies Walsh pleaded guilty to harassment contrary to section 10 of the Non-Fatal Offences Against the Person Act 1997. (courts.ie)
- whatThe applicant had been calling Temple Street Hospital after her son had been a transplant patient there. (courts.ie)
- whatContact with Dr. Awan persisted through phone calls, in-person visits and letters sent to the hospital. (courts.ie)
- whatThe applicant began to confront Dr. Awan outside of work. (courts.ie)
- whereThe harassment charge concerned the doctor at Temple Street Hospital in Dublin. (irishtimes.com)
- whereThe jury trial opened before the Dublin Circuit Criminal Court. (courts.ie)
- whenWalsh contacted the doctor and others at the hospital between December 2017 and August 2020. (irishtimes.com)
- causeWalsh contacted hospital staff because she wanted to work as a patient advocate. (irishtimes.com)
- investigationWalsh received cautions from gardaí and cease-and-desist letters from the hospital before the charge. (irishtimes.com)
- chargeThe applicant was charged with harassment in April 2020. (courts.ie)
- courtWalsh told the Court of Appeal she was under duress when she pleaded guilty. (irishtimes.com)
- courtMr Justice Edwards said the court would reserve its judgment in the appeal. (irishtimes.com)
- courtThe applicant was re-arraigned on the sole count and pleaded guilty. (courts.ie)
- courtThe Court of Appeal refused her appeal against conviction. (courts.ie)
- courtThe Supreme Court refused the application for leave to appeal. (courts.ie)
- sentenceWalsh was barred from communicating with the doctor or approaching his residence or place of work for 20 years. (irishtimes.com)
- sentenceOn 24 November 2022 she received two years' imprisonment suspended on conditions for two years. (courts.ie)
- sentenceThe court ordered that she not communicate with Dr. Awan for twenty years. (courts.ie)
- otherWalsh pleaded guilty on the first day of her trial to repeated harassment of a hospital doctor. (irishtimes.com)
- otherIn April 2018 the hospital asked Walsh not to contact Temple Street unless it related to her son's care. (irishtimes.com)
- otherThe applicant was granted bail but breached her bail conditions by attempting to contact personnel at Temple Street Hospital. (courts.ie)
The reporting
newest first- 7 May2024[2024] IESCDET 57 Supreme Court: The People at the Suit of The Director of Public Prosecutions -v- Marlies Walsh
Supreme Court determination refusing leave to appeal. It sets out the earlier charge, guilty plea, suspended sentence, 20-year no-contact order and Court of Appeal refusal.
convicted, Marlies Walsh, female, named, irish (judged from name)Marlies Walshvictim, Dr. Atif Awan, male, non-irish (judged from name)Dr. Atif Awan - 27 Jul2023Mother was ‘under duress’ when she pleaded guilty to harassing doctor over two-year period, court hears
Walsh, representing herself, appeals her guilty plea, saying she was under duress; the appeal court reserved judgment. Adds the sentence details, the 20-year barring order, and the hospital's earlier warnings.
convicted, Marlies Walsh, 51, female, named, irish (judged from name)Marlies Walshvictim, male