Áras Attracta nurse admits his behaviour was ‘unacceptable’

Clinical nurse sat on top of female with severe intellectual disability

Edwin McGreal
Castlebar

One of the five members of staff at Áras Attracta in Swinford before court on a trial charges of assault has admitted his behaviour, shown in undercover RTÉ footage, was ‘unacceptable’.
Pat McLoughlin (56) of Lalibela, Mayfield, Claremorris, was the first of the five workers each contesting a single charge of assault to have his case heard at Castlebar District Court today (Thursday).
This morning, Judge Mary Devins refused a defence application to have the charges struck out due to some inconsistencies in video evidence gathered by RTÉ as part of its Prime Time Investigates programme.
Martin McGuire, a clinical nurse specialist at Áras Attracta, told the court that the injured party in this case has a ‘severe intellectual disability and severe autism’. She is non-verbal. Mr McGuire said that he had no prior concerns with Mr McLoughlin but described the incident before the court as ‘unacceptable’.
The court was shown footage today of Mr McLoughlin running towards a chair at the same time as a resident in Bungalow Three of Áras Attracta and then sitting down on top of her. After a few seconds, he got up, the resident struck out at him and subsequently they hugged.
Mr McLoughlin told the court he was about to leave the bungalow at the time of the incident and that the resident, who the court has directed not be named, hit him twice on the back. Mr McLoughlin said he has ‘broad shoulders’, and he said he didn’t want her to be told off so he said he would have ‘some playful interaction’ with her.
“I thought I would get to the chair before her,” he said, referring to the resident’s chair which she was running towards. He said the resident got there first and he sat on her and on the side of the chair.
He said it was ‘a spur of the moment thing’ and ‘a bit of playfulness’. He said it ‘wasn’t acceptable’. When he got up he said he knew the resident was going to hit out and when a nurse asked the resident to apologise, he also apologised to the resident.
He told the court the resident demonstrated ‘challenging behaviour’ and his aim was to make residents in the two bungalows he had responsibility for ‘as happy as they can be’. He added that there were staffing issues at the bungalows at the time.
In response to cross examination from prosecuting counsel Pat Reynolds, Mr McLoughlin denied that sitting in the chair was retaliation for the resident hitting him. The court heard this chair had been brought into the bungalow specifically for this resident.
Defending solicitor Gearoid Geraghty said the incident ‘falls short’ of Section 2 assault. Pat Reynolds disagreed and said ‘the facts speak for themselves’, adding that Mr McLoughlin ‘admits the action’.
Judge Mary Devins said she wanted to examine case law in relation to any other court cases involving a care worker alleged to have assaulted someone in their care and said she would put the matter back to a later date, depending on how the other cases proceed.
Four other staff members are all charged with one count of assault and are each contesting that charge. They are Christina Delaney (35) of Seefinn, Lissatava, Hollymount; Anna Ywunong Botsimbo (34) of Low Park Avenue, Charlestown; Joan Walsh (42) of Carrowilkeen, Curry, Co Sligo, and Kathleen King (56), Knockshanvally, Straide, Foxford.
Those cases resume this afternoon.
A sixth staff member, Joan Gill of Dublin Road, Swinford, has pleaded guilty to three charges of assault and that case is up for mention before Castlebar District Court tomorrow (Friday).

DEFENDANT Pat McLaughlin is pictured at a previous sitting of the District Court. Pic: Keith Heneghan/Phocus