HE nurse One geriatric accused harassing and mistreating the elderly under his supervision sentenced to a total of one year in prisonAccording to the decision of the Criminal Court, which this newspaper has access to. The judge who evaluates that it is accredited four out of five cases This reported account is based on anonymous recordings contributed to the case, which include these incidents of degrading treatment of the victims, who were residents of a neighborhood. Sant Joan nursing home. The defendant was no longer at home. He was working at Sant Joan Hospital when the hearing took place.
The decision, which is not final and subject to appeal, considers that: in 2015 The now condemned man addressed the four old women he cared for with the following words: “You smell like a goat”, “dirty, dirty, old, crazy, annoying, go to hell” or “what a slutty and slutty auntie”; He suddenly poured some on the other cologne bottle in the back While he was cleaning her he suddenly said “be careful or I will kill you, be careful with me”.
The judge condemned him Four crimes against moral integrity He was sentenced to three months’ imprisonment for each. The judge applies mitigating circumstances unnecessary delaysIt is considered that the case has been paralyzed in the Criminal Court for years only until the trial date is determined.
The main evidence on which the judge based his sentence was an anonymous recording that turned up in the mailbox of the family of one of the victims. He asked for defenses. invalidity of all these records on the grounds that it was obtained illegally. All the victims were already dead when the trial took place, so the recordings were the prosecution’s main evidence. In fact, in the only case where there were no records, the defendant was acquitted due to lack of evidence. The woman reported that between 2012 and 2014, the defendant poured basins of cold water on her at night to intimidate and silence her, and even hit her occasionally, excesses that the magistrate did not prove.
Special accusation carried out by both the Prosecutor’s Office and the lawyer Elena Martinez, He defended the validity of the records as evidence and ensured that the jurisprudence was secured. Supreme Court realized this possibility. The judge is of the opinion that although the detainees did not give permission and there was no authority to arrest the detainees, the constitutional rights claimed by the defense were not violated. Secret camera.
valid test
According to the decision, these are recordings made by the defendant while helping residents at work, that is, “recordings made in areas where privacy is not strictly promoted.” Judge concludes recordings were made He respected the privacy of the elderly and with “clear purpose” verify the defendant’s treatment of prisoners necessary to protect the physical or mental integrity of residents, elderly and physically dependent persons, in the development of business activities. It is not proven that there are records. prescriptions.
The judge found that the content of the recordings showed that “the defendant’s actions constituted degrading treatment of residents (…), manifestly cruel, degrading or cruel treatment, it cannot in any way be framed in the harsh manner of speaking as claimed by the accused. seriously undermines the moral integrity of four prisonersvery old and physically dependent people.
Sentence exonerate Other crimes for which he was also charged, e.g. Threats, coercion, abuse and degrading treatment.
The defendant sat in the defendant’s chair as the legal responsible, as well as the owner of the nursing home, who was represented by his lawyer. Ignacio Gally. The judge does not allow any compensation to be paid in favor of the victims’ families.
Objection to Hearing
Lawyer Joachim de Lacy, The lawyer representing the defendant nurse at the hearing assured this newspaper that he would object to the sentence in the Provincial Court. Lacy stated that, in his opinion, the judge allowed “the judge to get caught up in parallel trials by considering illegal evidence valid” and emphasized that the sentence rejected all requests made by the special prosecutor’s office.
Source: Informacion
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