Sentence for Áras Attracta care worker reduced on appeal

APPEAL Pat McLoughlin leaving Castlebar District Court last January. Pic: Conor McKeown 

Circuit Court hands Pat McLoughlin 240 hours of community service instead of jail time

Anton McNulty

A CLINICAL Nurse Manager who was sentenced to four months’ imprisonment for assaulting a resident in Áras Atrracta has had his sentence reduced to 240 hours community service.
Pat McLoughlin of Lalibela, Mayfield, Claremorris, appealed the severity of the sentence imposed by Judge Mary Devins in Ballina District Court last February.
Mr McLoughlin (59) was found guilty of assault on a resident known as ‘Miss A’, which was recorded by a hidden camera on November 14, 2014. As well as the four-month sentence, he was also ordered to pay €1,000 in compensation to Miss A.
The conviction arose from filming of Bungalow 3 of the Áras Attracta care facility in Swinford by an RTÉ Investigations Unit. Five members of staff from Áras Attracta were all found guilty of assault arising from the investigation, but Mr McLoughlin was the only one to receive a custodial sentence.
His appeal against the severity of the sentence was heard this afternoon (Wednesday) before Judge Rory McCabe in Castlebar Circuit Criminal Court.
Mr Conal McCarthy, counsel for Mr McLoughlin, said his client was profoundly sorry for what occurred and admitted it was unacceptable. He said his actions on the day in question were out of character and that until that point he had an unblemished record of 35 years working with people with special needs.

Video evidence
In a video shown, Mr McLoughlin sat on top of the resident as she sat on her chair. The resident lashed out at Mr McLoughlin and was forced to apologise to him by another member of staff.
Judge McCabe said it was unlikely the incident would be before the court at all if it had not been exposed by RTÉ.
Mr McLoughlin had pleaded not guilty to assault before the District Court. Judge McCabe asked Mr McCarthy when his client had become sorry for his actions.
Mr McCarthy replied that he was always sorry for his actions, and a medical report reflected that he knew what he did was wrong.
Mr McCarthy added that when the allegations became public, his client was afraid to leave his home and his health has suffered. He said items were thrown at his home, which is currently up for sale. He is also unlikely to return to work.
In sentencing, Judge McCabe commented that Mr McLoughlin had received the custodial sentence because of his position of authority, which meant he should have led by example.
However, he said he did not think it was in the interest of justice to impose a custodial sentence, and instead imposed 240 hours of community service in lieu of the four months’ imprisonment.
Judge McCabe added that it was the maximum amount of hours he could impose, and that if he could impose more he would have. He also ordered that Mr McLoughlin pay the €1,000 in compensation to Miss A.