Foil assault Edinburgh care home workers sentenced
The pair tossed balls of tinfoil at an 89 year old patient.
Two employees of an Edinburgh care home have been placed on a nine month Community Payback Order and told to carry out unpaid work after being found guilty of assaulting an 89-year old female patient by throwing balls of tinfoil at her.
61 year old Margaret Lowrie and 44 year old Geraldine San Diego of Handyside Place, both Edinburgh, were found guilty after trial at the city's Sheriff Court last month of assaulting the woman in the Colinton Care Home, Spylaw Road, between January 1 and May 20 last year.
Lowrie was also found guilty of assaulting an 83 year old male by prodding his penis with a metal rod. Lowrie was a care assistant at the home, which caters for elderly severe dementia patients, and San Diego, a staff nurse.
Sentence was deferred until today (Aug 29) for background reports. Neither women had previous convictions and both lost their jobs at the home.
Other members of staff told Sheriff Gail Patrick that in the dining room San Diego rolled up tinfoil, used to cover the food, and gave it to Lowrie, who then threw it at the 89-year old woman. Care Assistant, Lyndsey Cowan, said this happened three or four times and on one occasions the tinfoil ball landed in the woman's soup and went "all over her".
Fiscal Depute, Kirsty Lyon, said to the witness: "It might be suggested they were trying to throw the balls of tinfoil into a bin. "That's rubbish" said Ms Cowan "It was deliberate. That's not how you describe caring for residents".
Asked if she enjoyed being on the shift, Ms Cowan said no-one enjoyed being on a shift with the two accused: "They were just nasty to staff and patients".
Another assistant, Jane Sked, said that as Lowrie threw the tinfoil, San Diego was "jeering". "They thought it was funny" she said. Care Home Manager, Gordon Philps, told the court that he was approached by a member of staff who was "extremely upset and emotional".
"They were telling me there were certain things going on which should not have happened". Mr Philps said the person spoke of "the fear and trepidation in the home of these particular people. Something I had never experienced before among any member of staff", Margaret Lowrie, he added, was always complaining about others.
Defence solicitor, Vincent Belmonte, asked Mr Philps if Lowrie had complained about Ms Cowan. "She might have done, but I can't recall " he replied. "Margaret made lots of complaints. There was a particular culture on that floor with some fairly dominant characters".
Both Lowrie and San Diego denied the accusations against them. Lowrie described the 83-year old man as "A very, very funny man".
"He thought he was in a pub" she said and the claim that she had prodded his penis with a metal rod never happened. It was claimed that Ms Cowan and Ms Sked were conducting a vendetta against them.
Appearing for the two women, their lawyers, Vincent Belmonte and James Stewart, said both still maintained their innocence. Sheriff Patrick told the women it had been unacceptable behaviour and a serious breach of trust. She ordered Lowrie to carry out 120 hours of unpaid work and San Diego 80 hours.