Criminal charges against six hse staff to proceed

A JUDGE has ruled that extensive video footage shot by an undercover reporter in a care home can be used as evidence in a State case against six HSE staff for allegedly assaulting residents, writes Tom Shiel.

Some 190 hours of video footage was filmed covertly last November in Bungalow 3 of the Áras Attracta complex in Swinford. Scenes captured on the video were shown weeks later on RTÉ's Primetime.

As a result of the video evidence six care staff – five women and one man – were charged with assault following an unprecedented garda investigation.

However, legal representatives of the six accused challenged the admissibility of the video evidence.

Last Monday Judge Mary Devins, at Swinford District Court (sitting in Ballina), took submissions from the State and the defence teams on the admissibility  issue. Today, the judge delivered her ruling that the video footage was admissible.

She said the encroachment of the individual rights of the accused by the hidden camera was not unreasonable in the circumstances.

Neither was the encroachment on the privacy of the residents in what was their home unreasonable.

Judge Devins continued: 'The disabilities of the residents were such that they were completely dependent on their carers. They had no voice except through their carers.'

The judge noted that it had been indicated to her that the video evidence obtained by RTÉ was the ‘foundation’ of the prosecution case.

'It (video evidence) will be subject to commensurate, rigorous, forensic examination no doubt by the defence and certainly by the judge in the course of the trial.'

Earlier in her ruling Judge Devins said it seemed to be commonplace that the reporter involved did not engage in entrapment, incitement or instigation.

She added that the care home was operated by the HSE on behalf of the State and the reporter cannot be said to have trespassed on the property of the accused. They (accused) were the employees of the owners.

The judge’s ruling means that the criminal charges against the six accused, relating to assaults allegedly committed on dates in mid-November last year, will proceed.

The cases will come up for mention at Swinford District Court (sitting in Ballina) on November 13.