Áras Attracta worker says incident was ‘poor judgment’

Staff shortages and the pressures of working in a “highly stressful environment” have been raised in court by a staff member accused of assaulting a resident at the Áras Attracta home in Swinford, Co Mayo.

A number of staff have been prosecuted following an RTÉ investigations unit report based on undercover video footage was broadcast on the Prime Time Investigates programme in December 2014.

Joan Walsh (42), a staff nurse who has pleaded not guilty to assaulting an elderly woman in her care by slapping her on the hand, said she found conditions very stressful in Bungalow 3 of the Áras complex and had requested a 30-hour working roster.

However, this was not available due to staff shortages, she told Judge Mary Devins at a special district court sitting in Castlebar yesterday.

Ms Walsh told the court she regretted the slapping incident, which involved a 75-year-old with intellectual difficulties, but did not recall it happening. “It was an instant reaction, not something I am proud of,” she said.

During cross-examination by Patrick Reynolds, counsel for the State, the nurse, from Carrowilkeen, Curry, Co Sligo, said she did not consider her action constituted assault.

12-hour shift

Counsel for Ms Walsh, Keith O’Grady, told the court the incident at about 7.50pm on November 14th, 2014, had occurred 10 minutes prior to the accused completing a 12-hour shift.

“A teacher would not be required to teach more than six or seven hours,” Mr O’Grady said. “If a truck driver tried to work 12 hours, he or she would be prosecuted.”

Kathleen King (56), Knockshanbally, Straide, Foxford, Co Mayo, has denied assaulting a 66-year old non-verbal resident known as Miss C.

Ms King was shown on video pushing Miss C on to a chair before hitting her with a piece of paper she was holding in her hand.

Ms King, who denies assault, said it had been a spontaneous reaction to keep Miss C from falling onto the ground as there were concerns about her breaking a hip.

“It was poor judgment, bad practice,” she said. “There was no malice. It was just an instantaneous reaction. The camera can’t show what was in my head. I just wanted to keep the woman safe.”

Judge Devins yesterday completed the hearing of evidence against four care workers accused of assaulting Áras residents, who have been named for legal reasons as Miss A, Miss B and Miss C.

Verdicts

Verdicts in the cases against Ms Walsh and Ms King – as well as two others, Pat McLoughlin (56), Mayfield, Claremorris, Co Mayo, and Christina Delaney (35), Seefin, Lissatava, Hollymount, Co Mayo – are to be delivered by Judge Devins at a later date.

The case against an agency nurse, Anna Ywunong Botsimbo (34), Lowpark Avenue, Charlestown, Co Mayo, will be heard in full by a different judge.

Judge Devins said the court was compromised after hearing further evidence against Ms Botsimbo because of details of a Garda memo which had been outlined to the court on the previous day.