TWO former care home workers have been placed on community payback orders for nine months and must carry out unpaid work after being found guilty of assaulting an 89-year old female patient by throwing balls of tinfoil at her.
Former care assistant Margaret Lowrie, 61, and staff nurse Geraldine San Diego, 44, both of Edinburgh, were found guilty after trial at the city’s sheriff court last month of assaulting the woman in the city’s Colinton Care Home between January 1 and May 20 last year.
Lowrie, a former care assistant at the home for elderly patients with severe dementia, was also found guilty of assaulting an 83-year old male.
The court had heard how 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 occasion 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”, 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 victim as “ very, very funny man”. “He thought he was in a pub”
Their lawyers said both still maintained their innocence.
Sentencing, Sheriff Gail 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.
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