Áras Attracta care worker successfully appeals jail term
HIQA, the Health Information and Quality Authority, must bear responsibility for 'a shocking abuse of power' in which patients were abused by a number of staff at the Áras Attracta Care facility in Swinford, a judge said today.
Judge Rory MacCabe made his comments at a sitting of the Circuit Criminal Court in Castlebar when Pat McLoughlin, Mayfield, Claremorris, successfully appealed the severity of a four month prison sentence imposed on him by the District Court for assaulting a patient, 'Miss A' at the Áras complex on November 14, 2014.
Of five care staff who appeared before Judge Mary Devins in the district court earlier this year the 57-year-old, a clinical nursing manager, was the only one to get a custodial sentence.
Assault charges against the five - a sixth case is still to be heard in the district court - were brought by the State following a covert filming operation by the RTE Investigations Unit
At today's appeal hearing, a short video clip taken for the purposes of the TV expose showing Miss A sitting on a chair in a corner with Mr. McLoughlin sitting briefly on her lap.
The footage showed the accused sitting on Miss A’s lap before she got up and attempted to strike him before another member of staff intervened, telling the patient to tell McLoughlin, she was sorry Detective Sergeant James Carroll told Patrick Reynolds, counsel for the prosecution, he has spoken to the victim's family and they find she lashes out at people.
Miss A only began behaving in this manner in the last couple of years, Det Sgt Carroll said.
Defence counsel Conall MacCarthy said McLoughlin had a 35 year unblemished and exemplary record as a nurse behind him.
He continued:'What happened on November 14, 2014, isn't reflective of Pat McLoughlin. It was one moment in time. It shouldn't have happened. He was wrong. He was morally wrong. What I am trying to impress on the court that it is not reflective on my client as a person or how he conducts himself in ordinary life.'
Counsel went on to say that it was an ignominous end to Mr. McLoughlin's career. He had suffered public opprobium over his actions and people had thrown material at his house which was now up for sale.
Giving his ruling, Judge MacCabe said that unlike the others who had been prosecuted, Mr. McLoughlin received a custodial sentence with no suspension.
He said that without the RTE footage, the 'shocking abuse of power' would not have come to light.
Judge MacCabe added that HIQA must bear responsibility for the regime that existed at the care complex.
Allowing the appeal and imposing 240 hours community service, the judge said he wasn't certain the interests of justice would justify differentiating the penalty that applies to him as against the others.
The judge explained that 240 hours community service was the maximum he could impose. 'If I could impose more I would,' he added.
A ruling in the District Court that Mr. McLoughlin pay €1,000 compensation to his victim was allowed stand by Judge MacCabe.