Four Áras Attracta workers set to avoid jail terms

Judge describes one worker’s actions as ‘humiliating’

Edwin McGreal

Four workers at the Áras Attracta facility in Swinford are to be assessed for community service in lieu of prison sentences.
Three of the accused were found guilty yesterday morning (Monday) at Ballina District Court after trials last month, while a fourth accused pleaded guilty last year.
Joan Gill (63) of Dublin Road, Swinford had pleaded guilty to three of the five counts of assault she was charged with. Judge Devins described the final one of these charges, relating to an incident whereby Gill dragged a resident with a severe intellectual disability across the floor, as an act of ‘cruelty and inhumanity’. She added that it was ‘humiliating and degrading’ to the resident, known by order of the court only as Miss A.
Judge Devins initially said that the only ‘response’ to the actions could be a ‘custodial sentence’.
Counsel for Ms Gill, Brendan McDonagh, appealed to Judge Devins to suspend any jail sentence. Judge Devins said suspended sentences for any of the cases would be ‘meaningless’, as the likelihood of reoffence is low.
Mr McDonagh said his client was clear that ‘no blame’ rests with the victim, but he said that his client was faced with a situation where Miss A was ‘behaving very aggressively’. What happened was ‘a bad reaction to a bad situation’, he said. He added that a jail sentence would be a ‘great injustice’.  
Judge Devins rose to consider the matter and then came back to recommend Gill for community service in lieu of a prison sentence. If found suitable for community service, Joan Gill will be sentenced to 240 hours community service in lieu of seven months in prison.
She was also ordered to pay €2,500 towards the victims.
Christina Delaney (35) of Seefinn, Lissatava, Hollymount; Joan Walsh (42) of Carrowilkeen, Curry, Co Sligo and Kathleen King (57) of Knockshanvally, Straide, Foxford had each pleaded not guilty to a single charge of assault.
Ms Delaney, a healthcare assistant, was caught on camera sitting on Miss A. Judge Devins said it was an assault but said in mitigation it happened one day after ‘a senior nurse manager’ (Pat McLoughlin) had behaved similarly. She also pointed out that Ms Delaney was not a qualified nurse.
Judge Devins said Delaney was ‘guilty of a crime against the community’ that had entrusted her with responsibility for the care of Miss A.
Judge Devins directed she pay €600 towards increased activities for Miss A and if found suitable for community service, will sentence her to 120 hours in lieu of three months in prison.
Judge Devins said Joan Walsh’s offence was on the ‘minor’ side and noted that witnesses from Áras Attracta had ‘spoken highly’ of her.
However, Judge Devins said Walsh had remained silent while behaviour seen by the court appeared to ‘become the norm’ in Bungalow Three.
Walsh was convicted, directed to pay €600 towards the resident known as Miss B and, if found suitable, will be sentenced to 120 hours in lieu of three months in prison.
Judge Devins said the case against Kathleen King was similar to Christina Delaney and the same sentence ensued – King was convicted, ordered to pay €600 towards greater activities for the resident known as Miss C and, if found suitable, will be sentenced to 120 hours in lieu of three months in prison.
After consultation with management at Áras Attracta, the court was told the monies to be proffered for the victims will be spent on ‘extra trips and extra equipment’ personal to them.
The court will reconvene on March 11, when Judge Devins will be told if the four workers have been found suitable for Community Service.  
The case against a fifth accused is to appear before another judge after Judge Mary Devins recused herself after evidence which emerged during the accused’s trial last month.