Mary McGinley was convicted at Liverpool Crown Court after assaulting restaurant staff at the Albert Dock steakhouse when her birthday party arrived late and the kitchen had closed
A gran assaulted a waiter with her high heels and attempted to punch a chef after arriving late for her dinner booking at Miller and Carter. Mary McGinley and her group arrived for a scheduled birthday meal at the steakhouse’s Albert Dock location, only to be turned away as the kitchen had already closed.
However, things quickly escalated into violence, with staff members having to defend themselves using a chair and by putting one of the customers in a “bear hug”. The grandmother-of-two was spared immediate jail time over the incident.
Liverpool Crown Court heard yesterday, Tuesday, that Angelo Muto and Maderson Roche-Jones were both on duty at the Liverpool city centre eatery on 7 December 2022 when McGinley, from White Moss Road South in Skelmersdale, showed up as part of a group who were “there to celebrate a birthday” at 10.15pm. However, since they had made a reservation for 9.45pm, they were told that the kitchen had since shut and were instead directed to the bar area.
Isabella Denn-White, prosecuting, explained how two male members of the party subsequently failed to provide ID proving they were over 18 and were therefore denied alcohol service. The entire group was then asked to leave but continued to “hang around outside” the premises.
Subsequently, the “atmosphere deteriorated”, resulting in the group yelling at Mr Roche-Jones and some barging their way back into the restaurant. With these patrons having allegedly become hostile towards the staff member and “raised fists”, he grabbed a chair to protect himself whilst retreating through the premises, reports the Liverpool Echo.
McGinley then removed her high heeled shoe and wielded it to strike Mr Roche-Jones over the head, at which point chef Mr Muto emerged from the kitchen to intervene by placing a male “ringleader in a bear hug” and attempting to remove him. However, this man retaliated by striking the employee to the back of the head, causing him to collapse to the floor.
At this point, McGinley was reported to have tried to punch Mr Muto repeatedly in the face, leaving him with a cut and bump to the head plus swelling to his right eye. He outlined in a statement how he had been left “very stressed and shaken” following the incident and declared: “Nobody has the right to assault me at my place of work. I’m disgusted with their behaviour.”
Mr Roche-Jones said “When the incident took place, I was scared as I didn’t know what they were going to do. I’m worried something like this could happen again.”
The party then departed after being informed that police had been contacted.
McGinley was later tracked down through the booking she had made at the establishment but failed to appear for a planned interview with Merseyside Police.
This resulted in the 42-year-old’s eventual arrest a year afterwards in December 2023. She has three prior convictions covering 11 offences, including theft and obstructing police.
McGinley was reported to have battled mental health difficulties in the past and had also endured a recent family loss in Ireland, where she was intending to visit shortly to care for her father. Chris Macmaster, defending, informed the court regarding the assault: “There is a shoe in the hand that is used.
“There are others involved in the altercation. One of the complainants is utilising a chair, arguably defensively, but there is a measure of an altercation involving others before Ms McGinley becomes involved.
“I am instructed that the only people who reside at her address are her and her children and two grandchildren. She was proposing to return to Ireland for a week or two on Friday. Her father is now alone. Her long term life is to be at the address in Skelmersdale with her family.”
McGinley pleaded guilty to assault occasioning actual bodily harm and assault by beating and she received a six month prison sentence suspended for 18 months.
Recorder Mark Ainsworth also ordered a rehabilitation activity requirement of up to 10 days. She will have to adhere to a three-month electronically monitored curfew from 9pm to 5am as part of the order.
A second defendant, Charlie Doherty, had earlier admitted to a public order offence in connection with the incident, which coincided with his 18th birthday. The now 21-year-old, also residing at White Moss Road South, was given a conditional discharge by the same court in September 2024.