The actions of a clinical nurse manager who sat on an intellectually disabled woman’s lap at the Áras Attracta care centre was an “offensive, downgrading invasion of her bodily integrity”, said a judge.
Judge Mary Devins made her remarks on Monday at Ballina District Court before sentencing Patrick McLoughlin (56), Lalibella, Mayfield, Claremorris, Co Mayo, to four months in prison for assault on ‘Miss A’ at the HSE run Áras Attracta complex in Swinford, Co Mayo, in November 2014.
Mr McLoughlin, a father of three, had pleaded not guilty to assaulting Miss A, a non-verbal, autistic, long-term resident of the facility which caters for adults with intellectual disabilities.
Evidence against the accused and four others was obtained covertly by RTÉ’s Investigations Unit which secretly placed a camera in the livingroom of Bungalow 3 of the Áras Attracta complex on a number of days in mid November 2014.
After being found guilty, McLoughlin was sentenced to the four months in prison.
He was also ordered by Judge Devins to pay €1,000 to his victim’s personal fund to be spent on things she enjoys such as having her hair done and going on outings.
The accused was visibly upset by the ruling. At an earlier court sitting, he had described his actions as “a bit of fun”, an episode of “playful interaction”.
But Judge Devins said there had been a hint of cruelty in his actions to a particularly vulnerable woman. The judge recalled that McLoughlin had stated in evidence that he had chased Miss A to her chair – which was very special to her – and when she got there before him he had half sat on her and half sat on her chair.
The judge said the accused had caused an impact on Miss A’s body and was “certainly reckless” as to the outcome of his action. “That outcome should have been obvious to any reasonable person and indeed could have resulted in physical injury to Miss A,” the judge said.
Judge Devins highlighted physical and gender differences between McLoughlin and Miss A and the fact that the victim was a long-term resident of Áras Attracta with huge intellectual disabilities while he was a senior, qualified professional, a senior member of the hierarchy in his social grouping.
Judge Devins also found three other members of the staff at Áras Attracta guilty of single charges of assault under Section 2 of the Non-Fatal Offences against the Person Act, 1997.
A fifth member of staff, Joan Gill (63), Dublin Road, Swinford, avoided a custodial sentence for what Judge Devins described as an act of cruelty and inhumanity by dragging a resident – Miss C – across the floor.
The fact that this was done in the presence of other staff was extraordinarily humiliating, the judge remarked.
She is to be assessed for her suitability to carry out 240 hours of community service in lieu of a four-month prison sentence for assaults on Miss A, Miss B and Miss C. She was ordered to pay €1,000 into Miss A’s account and €500 into the account of Miss B.
Other defendants, who had pleaded not guilty to assault, dealt with on Monday, were Christina Delaney (35), Seefin, Lissatava, Hollymount, Co Mayo; Joan Walsh (42), Carrowilkeen, Curry, Co Sligo; and Kathleen King (56), Knockshanvally, Straide, Foxford, Co Mayo.
Ms Delaney, who was also shown on camera sitting on Miss A, was ordered to pay €600 compensation towards her victim’s personal fund and she will be assessed for community service. If found suitable she will carry out 120 hours of community service in lieu of a three-month prison sentence.
Joan Walsh, a staff nurse, was found guilty of slapping a non-verbal resident who was seeking her attention and lifting her before dropping her into a chair.
She was ordered to pay €600 to her victim’s personal fund and will be assessed for 120 hours of community service in lieu of a three-month prison sentence.
Kathleen King, a health-care assistant, was directed to pay Miss C €600. She will be assessed for 120 hours community service in lieu of a three-month prison sentence.
Mr McLoughlin, through his lawyer Gearóid Geraghty, indicated he would be lodging an appeal against the prison sentence.
The issue of suitability for community service orders was adjourned to March 11th.