A Leicestershire care home worker has been convicted of assaulting an elderly resident with dementia.
David Vrbovsky, 37, of Symington Way, Market Harborough, admitted a charge of assault by beating when he appeared at Leicester Magistrates' Court earlier this week.
Assault by beating, an offence contrary to section 39 of the Criminal Justice Act 1988, has a maximum penalty of 26 weeks' custody on summary conviction.
Magistrates heard that the offence took place at the Hallaton Manor Residential Care Home in Hallaton, Leicestershire, on the morning of Thursday, 18th February 2021.
Hallaton Manor, which is rated "good" by the Care Quality Commission, is an impressive grade 2 listed country house set in acres of perfectly manicured gardens and woodland.
Its website says: "Hallaton Manor is not typical of a residential care home service catering for people with mental health or dementia related issues.
"It achieves its results by unconventional means. For a start, it is a magnificent old property with beautiful gardens and panoramic views and not an anonymous, purpose built facility.
"This encourages people with complex mental health, dementia and behavioural issues to relax, breathe and adjust to life in our community."
Vrbovsky was responsible for dressing the vulnerable 79-year-old victim, when he slapped and manhandled him. The elderly gentleman is in the advanced stages of dementia.
The incident was caught on CCTV, which management had installed to ensure staff compliance with coronavirus hygiene rules.
Appearing before the court without legal representation, Vrbovsky said the following during his plea: I am guilty so I believe I have to be punished."
Sally Bedford, prosecuting, outlined the circumstances: "The care home had installed covert surveillance cameras in some of the rooms - with the consent of residents and their families - to check compliance with the covid regulations.
"This incident is entirely captured on CCTV. I don't invite the court to view it. It is very difficult viewing.
"It is about 6 am when the defendant enters the victim's room and clearly he did not know the camera was there."
Ms Bedford said that Vrbovsky was alone, even though the resident's care plan required two members of staff to be present.
The CCTV footage showed Vrbovsky "aggressively" cleaning the gentleman before helping him to dress.
"The victim is audibly moaning and is resisting the defendant's attempts," Ms Bedford continued.
"The defendant reaches out his hand and places it on the man's mouth and forces his head down into the pillow.
"The aggressive and uncaring attitude is apparent throughout the video - at one point he sprays deodorant on the man randomly, as you would spray a fly.
"You can see the victim wince and cry out.
"Halfway through, another care worker enters the room and an argument about who is carrying out which tasks appears to ensue.
"That person then leaves the room and the defendant begins to dress the victim.
"He puts him into a cradle position you can hear a thud, which is clearly the victim's head hitting the wall.
"He cries out in pain and the defendant swipes out with his hand. As best he can the victim reaches out his hand in a defensive manner and the defendant hits him again.
"He rolls him toward the wall and, again, the victim's head hits it and he cries out in pain before the defendant leaves the room."
Vrbovsky was suspended the moment the footage came to light.
"He later explained he had been working long hours and, faced with the CCTV footage, he said he was ashamed of his behaviour", Ms Bedford said.
Magistrates ordered the completion of a pre-sentence report.
Vrbovsky will be sentenced at the same court on Friday, 16th April 2021.
He was granted bail until then, with the condition that he does not attempt to visit Hallaton Manor or any other care home in the UK.
Update (14/12/21): We have been approached by an individual acting on behalf of David Vrbovsky, the offender in this case, asking us to remove all reference to their client's conviction. Given the nature of the conviction and the fact it is still fairly recent, there is a clear public interest in retaining the article as is. It is a popular misconception that convicted criminals have some sort of automatic right to anonymity, simply because they don't like details of their offences being reported on in public.
2 comments:
Can I ask what the outcome was, this blog does not say what the sentence was? Thank you
I'm afraid I don't know that.
Post a Comment