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Woman jailed for breaching court order by hugging granddaughter is freed Woman jailed for breaching court order by hugging granddaughter is freed
(about 9 hours later)
A 72-year-old woman jailed for hugging her granddaughter in breach of a court order banning contact has been freed by a judge.A 72-year-old woman jailed for hugging her granddaughter in breach of a court order banning contact has been freed by a judge.
Kathleen Danby appeared in custody to make a case against her three-month jail sentence, handed down earlier this year at Birmingham’s court of protection.Kathleen Danby appeared in custody to make a case against her three-month jail sentence, handed down earlier this year at Birmingham’s court of protection.
In April, a judge sent Danby, from Orkney, to prison in her absence after watching CCTV evidence of her greeting the teenager, who cannot be named for legal reasons, with a hug outside a pub.In April, a judge sent Danby, from Orkney, to prison in her absence after watching CCTV evidence of her greeting the teenager, who cannot be named for legal reasons, with a hug outside a pub.
Reducing the sentence to time already served, Judge Sally Dowding said: “I am satisfied she fully appreciates the difficulties of her position and what she must do, and I am confident she will comply in future.”Reducing the sentence to time already served, Judge Sally Dowding said: “I am satisfied she fully appreciates the difficulties of her position and what she must do, and I am confident she will comply in future.”
Danby’s solicitor, Sarah Huntbach, said her client, dressed in a large red overcoat, “sincerely apologised” for being in the town where her granddaughter now lives.Danby’s solicitor, Sarah Huntbach, said her client, dressed in a large red overcoat, “sincerely apologised” for being in the town where her granddaughter now lives.
She said the pensioner was there for the day to meet a friend and, as she waited outside a pub, her granddaughter – who has a learning disability and emotional difficulties – approached her.She said the pensioner was there for the day to meet a friend and, as she waited outside a pub, her granddaughter – who has a learning disability and emotional difficulties – approached her.
“She did not intend or want to be in breach of these orders, or dishonour the court in any way,” said Huntbach.“She did not intend or want to be in breach of these orders, or dishonour the court in any way,” said Huntbach.
While not accepting that she had intended to meet her granddaughter, Danby “apologised for any nuisance that has arisen as a consequence”.While not accepting that she had intended to meet her granddaughter, Danby “apologised for any nuisance that has arisen as a consequence”.
Dowding said it was “very sad” that Danby had failed to comply with the court orders, which evidence showed had had “a detrimental effect” on the granddaughter’s behaviour, “with consequences serious and profound”. Dowding said it was “very sad” that Danby had failed to comply with the court orders, which evidence showed had resulted in “a detrimental effect” on the granddaughter’s behaviour, “with consequences serious and profound”.
However, she said it was Danby’s right “to purge her contempt” before the court.
Danby has been in custody since her arrest on Sunday in Liverpool, where she had been enjoying a performance by the comedian Ken Dodd.Danby has been in custody since her arrest on Sunday in Liverpool, where she had been enjoying a performance by the comedian Ken Dodd.
She was escorted into court by four security officers, and wearing handcuffs, but smiled and looked around as she entered. She was escorted into court by four security officers, and wearing handcuffs.
Contempt of court proceedings were brought against Danby by Derbyshire county council, which is responsible for looking after the 19-year-old.Contempt of court proceedings were brought against Danby by Derbyshire county council, which is responsible for looking after the 19-year-old.
The local authority had alleged Danby was in breach of court orders made in September 2013 and in January and April 2014.The local authority had alleged Danby was in breach of court orders made in September 2013 and in January and April 2014.
The orders banned Danby from any communication, save a single supervised monthly phone call, or visiting the granddaughter’s home town or college, or going within 100 metres of the girl.The orders banned Danby from any communication, save a single supervised monthly phone call, or visiting the granddaughter’s home town or college, or going within 100 metres of the girl.
Dowding said she noted the judgment in April of Judge Martin Cardinal, who had been satisfied Danby “had engineered a meeting” with the granddaughter – named only as B – despite what the pensioner’s solicitor had said in mitigation.Dowding said she noted the judgment in April of Judge Martin Cardinal, who had been satisfied Danby “had engineered a meeting” with the granddaughter – named only as B – despite what the pensioner’s solicitor had said in mitigation.
“There is very clear evidence these events brought about a detriment in B’s behaviour and the consequences were serious and profound,” added Dowding. She said it had never been the case the local authority was “seeking to isolate the child from her family”, pointing out that the granddaughter’s maternal family “have regular contact”.“There is very clear evidence these events brought about a detriment in B’s behaviour and the consequences were serious and profound,” added Dowding. She said it had never been the case the local authority was “seeking to isolate the child from her family”, pointing out that the granddaughter’s maternal family “have regular contact”.
Outside court, Danby said she had been put through “a humiliating ordeal”.
Asked if she had been scared in jail however, she laughed, replying: “No, I wasn’t scared.
“I don’t scare easily.”
Asked about what her views were on the county council’s decision to apply for contempt of court proceedings, she replied: “You really don’t want to know - there aren’t words to describe what I think of Derbyshire County Council.”