Care worker convicted of assault

A former care worker has been convicted and fined €500 for kicking an autistic man in the back as he tried to separate him and another resident involved in a fight.

Judge Aeneas McCarthy imposed the fine on David Atkinson, aged 41, of 19 Thornton Park, Whitegate, Co Cork, who was convicted of assaulting Joseph Duane at the Cope Foundation in Montenotte, Cork, on October 22, 2013.

Judge McCarthy said: “These residents in this unit were extremely vulnerable. [The defendant’s] job was to look after them. They were in his care. There is no doubt there was a physical confrontation between two of the individuals in this unit.

“Mr Atkinson was on his own when the confrontation took place. He intervened. In the course of his intervention, it was the view of the court that he used greater force than was necessary to end this confrontation. He had an extremely high duty of care. Those are the aggravating factors.”

The judge said mitigating factors included that Atkinson was on his own in a high- dependency unit, and that he had a 13-year unblemished record to that point.

“In the view of the court it would be disproportionate to impose a custodial sentence,” said the judge.

David Atkinson

Defence solicitor Anne-Marie Sheridan said that Atkinson used his foot in an attempt to protect one resident from the other.

“He had no training from his employer as to what was the correct procedure,” she said. “It was an emergency that required immediate intervention or one or other of the residents would have suffered serious injury.

“He admits he made an error of judgement. He did prod Mr Duane to get up from the ground.”

Ms Sheridan said the incident had a cataclysmic effect on Atkinson for what was a one-second error of judgement.

Referencing evidence from another member of staff who was in the area at the time, Judge McCarthy said: “It was not just a prod. The evidence was that he kicked him in the back.”

‘We are grateful for the people who spoke up for Joe’

Joseph Duane’s mother Nora, sister Marcia, and brother Russell at Cork District Court.

“Joe is a son, a brother, and an uncle who is deeply loved,” she said. “I am his sister. Joe is autistic, non-verbal and a valued member of our family. Unfortunately, Joseph has endured a lonely, sad, and difficult time because those who were trusted to look after him failed him. Joseph was in the care of the Cope Foundation and the State when he was assaulted.

“Today brings to an end the criminal proceedings and we would like to thank those who brought it to its conclusion. In particular, we want to thank the two ladies who spoke up and were Joe’s voice. Unfortunately, Joe does not have a voice and were it not for the courage of these two ladies this incident would have gone uninvestigated and the truth would not have been known.

“We can only earnestly urge all those who work in care facilities and who witness ill-treatment to report it.

“We are saddened that nobody has yet apologised to Joe or to us for the pain and suffering he endured. Today brings to an end an ongoing and lengthy nightmare and we just hope that others, like the two ladies in Joe’s case, may be encouraged to speak up for those who have no voice, the most vulnerable members of society.”

The Cope Foundation said: “Cope Foundation is deeply concerned at this incident. Immediately following this incident coming to our attention, Cope Foundation, in accordance with its required policies and procedures, informed all of the relevant authorities.”