Áras Attracta manager successfully appeals prison term

HIQA, the Health Information and Quality Authority, must bear responsibility for "a shocking abuse of power" in which patients were abused by a number of staff at the Áras Attracta care facility in Swinford, Co Mayo, a judge said on Wednesday.

Judge Rory MacCabe made his comments at the Circuit Criminal Court in Castlebar when Pat McLoughlin of Mayfield, Claremorris, Co Mayo, successfully appealed the severity of a four-month prison sentence imposed on him by the District Court for assaulting a patient, "Miss A", at the Áras Attracta complex on November 14th, 2014.

Of five care staff who appeared before Judge Mary Devins in the District Court earlier this year, McLoughlin (57), a clinical nursing manager, was the only one to get a custodial sentence. Assault charges against the five – a sixth case is still to be heard in the District Court – were brought by the State following covert filming by the RTÉ investigations unit.

At Wednesday’s appeal hearing a short video clip showed Miss A sitting on a chair in a corner with McLoughlin sitting briefly on her lap. Miss A got up and attempted to strike McLoughlin before another member of staff intervened, telling the patient to tell McLoughlin she was sorry and to “give Pat a hug”.

Det James Carroll told Patrick Reynolds, counsel for the prosecution, he had spoken to the victim’s family and they find she lashes out at people and she strips off her clothing. Miss A only began behaving in this manner in the last couple of years.

Moment in time

Defence counsel Conall MacCarthy said McLoughlin had a 35-year unblemished and exemplary record as a nurse behind him. “What happened on November 14th, 2014, isn’t reflective of Pat McLoughlin. It was one moment in time. It shouldn’t have happened. He was wrong. He was morally wrong. What I am trying to impress on the court that it is not reflective on my client as a person or how he conducts himself in ordinary life.”

Counsel said it was an ignominious end to McLoughlin’s career. He had suffered public opprobrium and people had thrown material at his house which was now up for sale.

Giving his ruling, Judge MacCabe said that unlike the others who had been prosecuted, McLoughlin received a custodial sentence with no suspension. Without the RTÉ footage, the “shocking abuse of power” would not have come to light, and HIQA must bear responsibility for the regime that existed at the care complex.

Allowing the appeal and imposing 240 hours’ community service, the judge said he was not certain the interests of justice would justify differentiating the penalty that applies to him as against the others. He said the 240 hours’ community service was the maximum he could impose. “If I could impose more I would.”

A ruling in the District Court that Mr McLoughlin pay €1,000 compensation to his victim was allowed to stand by Judge MacCabe.