Judge had no jurisdiction to discharge former TUV Councillor Jolene Bunting for harassing drag queen says lawyers for ‘Cherrie Ontop’
Belfast actor Matthew Cavan’s lawyers have raised the legal point in a challenge to the sentence imposed on Jolene Bunting.
They are set to argue that she should either have received a prison term or a fine.
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Hide AdNorthern Ireland’s most senior judge, Lady Chief Justice Dame Siobhan Keegan, is expected to oversee the appeal later this year.
In September, Ms Bunting was given a four-month conditional discharge at Belfast County Court for violating an order to immediately remove a video about Mr Cavan from all social media platforms.
The performer, also known as drag artist Cherrie Ontop, brought committal proceedings as part of his protection from harassment claim against Ms Bunting.
In July she was involved in protests at an arts centre in the city where the actor was taking part in a children’s story time event in July this year.
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Hide AdA group calling themselves Parents Against Grooming held banners which read “hands off our children” outside the MAC theatre.
Mr Cavan obtained an interim injunction on August 9 pending the outcome of the wider action.
The former Belfast City Councillor was ordered to take down a video about him posted on YouTube and any other social media outlets.
But Ms Bunting initially failed to comply with that requirement and put up a further message about the case on her Twitter account.
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Hide AdDuring the original hearing she accepted breaching the order and confirmed the material was subsequently removed on obtaining legal advice.
Mr Cavan gave evidence that he has lost work, been wrongly accused of grooming children, and pursued by paedophile hunters because of the postings.
The actor said he is so terrified that he has installed security cameras and lights at his home.
“My anxiety levels are through the roof, I am finding it difficult to leave the house because I am scared of what’s going to happen when I do,” he told the court.
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Hide Ad“I believe she has exposed me as a human being, and I have had messages… that I should be totally ashamed of myself, taking a good God-abiding citizen to court.”