Courts / Westmeath / Report
Carer allowed to resume work at residential centre despite abuse complaint, appeal court hears
Summary
In a 2017 appeal, a 58‑year‑old carer from Mullingar was found guilty of indecent assault on a 24‑year‑old vulnerable male resident at a residential care centre. The resident, who had a mild intellectual disability and various physical ailments, alleged that the carer, while the resident was bathing at about 8 pm, had put his hand in the bath and attempted to touch him. The resident had previously complained to a nurse in December, leading to an internal investigation and the carer's suspension with pay, after which he was allowed to resume work. Gardaí later opened a criminal investigation, resulting in the 2014 conviction of a single count of indecent assault, for which the court imposed a wholly suspended 12‑month sentence. The Court of Appeal upheld the conviction, ruling that the offence covers both the apprehension of and actual uninvited, unwelcome physical contact. The appeal was dismissed on all grounds. The unnamed 58-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Carer allowed to resume work at residential centre despite abuse complaint, appeal court hears. Charges or matters: two counts of indecently assaulting a male at the residential care centre in 1992; a single count by a majority jury verdict of 11-1 and was given a wholly suspended 12 month sentence by Judge Petria McDonnell on February 20, 2014. Procedural stage: appeal. Findings: Found guilty
When:
- February 20, 2014 Incident
- 2017-07-28 Publication
Why: The complainant went on to say that he was afraid to tell anyone because the accused was a staff member. CNI source report
Case subjects
Appellant
Charges: two counts of indecently assaulting a male at the residential care centre in 1992; a single count by a majority jury verdict of 11-1 and was given a wholly suspended 12 month sentence by Judge Petria McDonnell on February 20, 2014 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty of a single count by a majority jury verdict of 11-1 and was given a wholly suspended 12 month sentence by Judge Petria McDonnell on February 20, 2014.
Places mentioned
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