Cases against five Áras Attracta workers can proceed, judge says

Cases against five care workers who allegedly assaulted residents at the Áras Attracta care facility in Swinford, Co Mayo should proceed, a judge has ruled.

Earlier this week lawyers for the defendants sought a dismissal of the cases at Castlebar District Court. They claimed there were discrepancies in the video footage, which was filmed covertly by RTÉ’s Investigations Unit, as some of the original footage was deleted.

Lawyers for the accused had claimed it would be “unsafe” to proceed with the cases because of the discrepancies.

On Thursday, Judge Mary Devins ruled there was a prima facia case to answer and that it was in the public interest for the case to proceed.

She said the prosecution evidence in the cases was to be restricted to events alleged to have occurred at the HSE run facility on November 14th and November 15th, 2014.

Lawyers for the defence, however, renewed their applications for the cases to be dismissed in “light of new developments”.

Counsel Gearoid Geraghty said the State had now furnished the defence with information about further deletions.

About 190 hours of video footage was filmed covertly by RTÉ in the common area of the Health Service Executive (HSE) run facility between November 3rd and November 19th, 2014.

As a result of the video evidence six care workers have been charged with assault. All but one of the accused have pleaded not guilty. Joan Gill, of Dublin Road, Swinford, pleaded guilty to five assault charges and is expected to be sentenced this week.

The five other accused, Pat McLoughlin, Mayfield, Claremorris; Anna Ywusong Botsimbo, Lowpark, Charlestown; Kathleen King, Knockshanbally, Straide, Foxford; Christine Delaney, Lissatava, Hollymount, Co Mayo; and Joan Walsh, Carrowilkeen, Curry, Co Sligo, are pleading not guilty to a single charge of assault each.