Áras Attracta resident moved after Prime Time programme

Edwin McGreal

One of the residents of Áras Attracta in Swinford who featured in the RTÉ Prime Time programme has since been moved from Bungalow Three to a residence on her own, a trial has heard today (Thursday).
Five members of staff at the facility are each pleading not guilty to a charge of assault arising from an undercover investigation for Prime Time Investigates at Bungalow Three in November, 2014.
Today saw three trials, those of of Pat McLoughlin (56) of Lalibela, Mayfield, Claremorris; Christina Delaney (35) of Seefinn, Lissatava, Hollymount and Anna Ywunong Botsimbo (34) of Low Park Avenue, Charlestown. The trials of Joan Walsh (42) of Carrowilkeen, Curry, Co Sligo, and Kathleen King (56), Knockshanvally, Straide, Foxford are due to take place tomorrow (Friday). Castlebar District Court was told that the injured party in the three cases that were heard today has been moved from Bungalow Three since the airing of the Prime Time Investigates Standards of Care programme in December, 2014.
Martin Maguire, Clinical Nurse Specialist at Áras Attracta, told the court that this resident, who is not being named on the order of the court, had to go to hospital in October 2014 with a detached retina. A surgeon stated another similar incident could lead to permanent loss of sight.
The court heard that this resident, referred to in court as Miss A, self harmed and often banged her head off walls and other surfaces. She was described as exhibiting ‘challenging behaviour’.
Mr Maguire said he supervised a risk assessment, and due to what was felt to be a risk of ‘permanent incapacity’ in the future, it was decided to move her to her own residence.
He told the court Miss A did not like the company of other residents, only staff. He said that since moving to her new residence at Áras Attracta, her condition has ‘improved’ and that he had no record that Miss A has engaged in any ‘self injurious behaviour in her new residence’.
Mr Maguire told the court that Miss A has a ‘severe intellectual disability and severe autism’ and is non-verbal. He said his assessment concluded there was ‘a 99 percent chance’ Miss A would engage in self-harming behaviour again if the problem was not addressed. The court heard she was assigned one-to-one care immediately and moved in late December. 

Lack of training
Under cross examination from Peter Flynn, solicitor for Ms Botsimbo, Mr Maguire said it was unacceptable to him that some of the staff working with Miss A would be unfamiliar to her, and also that not all the staff in Bungalow Three would have CPI’s MAPA (Crisis Prevention Institute’s Management of Actual or Potential Aggression) training.
He said the person responsible for the implementation of Mr Maguire’s plans in this regard was the clinical nurse manager, Pat McLoughlin – one of the defendants.
The court was told Ms Botsimbo was an agency employee. Footage showed Ms Botsimbo pulling Miss A by the hood of her top towards a chair.
Detective Sergeant James Carroll confirmed to the court that when he interviewed Ms Botsimbo in January 2015, she agreed this was unacceptable but added ‘This is how I was shown by staff in Bungalow Three’. The court heard Ms Botsimbo has a Masters Degree in Psychology from a Polish university.
Defending solicitor Peter Flynn sought a direction for dismissal, stating ‘unacceptable behaviour is one thing, assault is another’, adding that gardaí had not warned Ms Botsimbo in a voluntary interview that she was facing an assault charge.
Judge Devins said she would need time to consider that application and adjourned the trial against Ms Botsimbo until tomorrow. 

‘Challenging signs’
Footage showed Christina Delaney sit on top of Miss A for a period of time, asking her ‘can I sit here with you?’ and tell Miss A to ‘sit in the chair properly’. Ms Delaney took up employment in Áras Attracta in 2003, working in the canteen, before taking up work as a healthcare assistant in 2006. She told the court she completed her FETAC Level 5 healthcare course in 2008.
She said that the period of the day in the film was between 6pm and 8pm, which she stated was a time of the day when Miss A ‘shows challenging signs’.
“I put her in the chair and all I wanted was her in a safe zone so she would be safe for the evening,” said Ms Delaney. She said she did not commit an assault and while she said her behaviour was not acceptable, she ‘was trying to keep her in a safe zone’.
Martin Maguire told the court he ‘would never recommend’ managing Miss A as Christina Delaney had.
Defending counsel Conall McCarthy said the prosecution had not proven enough for a conviction for assault. However, prosecution counsel Pat Reynolds said Ms Delaney ‘intended to sit on Miss A’ and ‘must be aware of the consequences of her actions’ and that they were ‘not acceptable’. Judge Devins said she would need time to consider this and will give a date for a decision tomorrow (Friday). 

‘A bit of fun’
As The Mayo News reported earlier today, the court was shown footage this morning of Pat McLoughlin running towards a chair at the same time as Miss A in Bungalow Three 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, after another nurse instructed Miss A to do so.
The court heard that Mr McLoughlin was the Clinical Nurse Manager for Bungalow Three and Four.
Mr McLoughlin told the court he was about to leave the bungalow at the time of the incident and that Miss A 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 thought he would have ‘some playful interaction’ with her.
“I thought I would get to the chair before her,” he said, referring to Miss A’s chair, which she was running towards. (The court heard this chair was brought into the bungalow specifically for Miss A.) He said the resident got there first and he sat on her. He described the incident as ‘a bit of fun’ and ‘a spur of the moment. 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.
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 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. 

ADJOURNED The case against defendant Anna Ywunong Botsimbo (pictured at a previous court sitting) has been adjourned until tomorrow (Friday). Pic: Keith Heneghan/Phocus