The jury returned to court shortly before quarter to four today, 27 April, having been retired to consider their verdicts since 11:30 yesterday. I’ve listed the charges below with the verdicts underneath them.
Five of the defendants were found not guilty of any of the charges alleged against them, Sarah Banner, Karen McGhee, Niall Mellor, Darren Lawton and Sabah Mahmood.
The remaining defendants were found guilty on charges of ill-treatment, on two counts Peter Bennett, five counts Matthew Banner, two counts Ryan Fuller and one count John Sanderson.
HHJ Smith thanked the jury for attending and working hard and conscientiously.
We have great system in this country, I genuinely believe that, I’ve worked in it for over 25 years. One of the reasons it’s a great system is criminal allegations made by the State are decided by members of the public.
I can’t think in 25 years of a better example of a case where a jury is needed to decide, a jury is to sit in judgement of their peers.
HHJ Smith thanked the jury again and told them that they if they wished to attend, or know what happens, at the sentencing hearing to let the ushers know as they were leaving.
Please understand you go with our very real thanks, thank you very much ladies and gentlemen.
HHJ Smith allowed those who were found not guilty to leave the dock, before addressing the remaining defendants. He told them that he needed more information before he could decide what the right sentence was in this case, and that he wanted to look at Court of Appeal judgements in similar cases, and he needed additional information about each of them. He told them that he’d be asking for pre-sentence reports in respect of each of their cases.
Don’t read anything into that, I’m keeping all sentencing options open, including as a sentencing option immediate imprisonment, not ruling it out.
HHJ Smith said that he’d enlarge their bail until the sentencing hearing, set for 7 July. He told the defendants that he know it is a long way off and will no doubt prolong the stressors of criminal litigation for them, but he required that further information. He warned the defendants that if they did not return for the sentencing hearing it was a separate criminal offence with the risk of imprisonment itself, but he said he was confident they’ll all come back.
Counts and verdicts
There are 27 charges in total, 26 of which are ill-treatment of a person in care, contrary to Section 20 (1) of the Criminal Justice and Courts Act 2015, and one (Count 21) is wilful neglect of a person in care. The particulars of the offences and the verdicts given are listed below.
Count 1: Peter Bennett and Matthew Banner on the 6th day of January 2019 being individuals who had the care of another individual, namely Patient 1, by virtue of being care workers did ill-treat the said Patient 1 by threatening her with prolonged use of male carers.
Peter Bennett – Not guilty
Matthew Banner – Not guilty
Count 2: Peter Bennett on the 6th day of January 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by deliberately referencing balloons and snapping balloons in her presence.
Guilty
Count 3: Matthew Banner on the 11th day of January 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by threatening to increase the number of male carers for the said Patient 1.
Guilty
Count 4: Matthew Banner on the 11th day of January 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by making deliberate references to balloons.
Guilty
Count 5: Matthew Banner on the 28th day of January 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by belittling her condition of repeating words, antagonising her about his presence in the room and by making deliberate reference to balloons.
Guilty
Count 6: Matthew Banner on the 21st day of February 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by making repeated references to balloons.
Guilty
Count 7: Matthew Banner on the 22nd day of February 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by making repeated references to balloons.
Guilty
Count 8: Karen McGhee on the 11th day of January 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by threatening her with male carers.
Not guilty
Count 9: Sarah Banner, Ryan Fuller and Karen McGhee on the 24th day of January 2019 being individuals who had the care of another individual, namely Patient 1, by virtue of being care workers did ill-treat the said Patient 1 by threatening her with male carers.
Sarah Banner – Not guilty
Ryan Fuller – Not guilty
Karen McGhee – Not guilty
Count 10: Sarah Banner on the 24th day of January 2019 being an individual who had the care of another individual, namely Patient 1, by virtue of being a care worker did ill-treat the said Patient 1 by encouraging Patient 1 to continue hitting her own face and laughing at the distressed state of Patient 1.
Not guilty
Count 11: Ryan Fuller on the 19th day of January 2019 being an individual who had the care of another individual, namely Patient 2, by virtue of being a care worker did ill-treat the said Patient 2 by encouraging her to swear using her middle and forefinger.
Not guilty
Count 12: Ryan Fuller on the 20th day of February 2019 being an individual who had the care of another individual, namely Patient 2, by virtue of being a care worker did ill-treat the said Patient 2 by encouraging her to swear using her middle and forefinger.
Not guilty
Count 13: Peter Bennett on the 28th day of February 2019 being an individual who had the care of another individual, namely Patient 2, by virtue of being a care worker did ill-treat the said Patient 2 by mocking her communication difficulties by speaking to her in the French language and advancing toward her suddenly causing her fear.
Guilty
Count 14: Ryan Fuller on the 23rd day of January 2019 being an individual who had the care of another individual, namely Patient 3, by virtue of being a care worker did ill-treat the said Patient 3 by encouraging him to swear using his middle finger.
Not guilty
Count 15: Ryan Fuller on the 25th day of January 2019 being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did ill-treat the said Patient 4 while restraining him by mocking his reaction, offering chewing gum to others involved in the restraint, wearing Patient 4’s spectacles and suggesting removal of personal possessions from his room as a punishment.
Not guilty
Count 16: Ryan Fuller and John Sanderson on the 2nd day of February 2019 being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did ill-treat the said Patient 4 by teasing him about his required medications.
Ryan Fuller – Not guilty
John Sanderson – Not guilty
Count 17: Niall Mellor between the 24th day of January 2019 and the 3rd day of February 2019, being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did ill-treat the said Patient 4 by deliberately turning off his music intending to antagonise him.
Not guilty
Count 18: Niall Mellor on the 25th day of January 2019 being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did ill-treat the said Patient 4 by making deliberate reference to pyjamas intending to antagonise him.
Not guilty
Count 19: Sarah Banner on the 25th day of January 2019 being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did ill-treat the said Patient 4 by emptying his room of personal possessions as a punishment and deliberately bringing the items removed to his location intending to cause him distress.
Not guilty
Count 20: Karen McGhee on the 25th day of January 2019 being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did ill-treat the said Patient 4 when during a restraint of Patient 4 she instructed the removal of personal possessions from his room as a punishment.
Not guilty
Count 21: [This is the wilful neglect charge] Karen McGhee on the 25th day of January 2019 being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did wilfully neglect Patient 4 whilst supervising during a period of restraint by failing to prevent ill-treatment of the said Patient 4 by other care workers in attendance.
Not guilty
Count 22: John Sanderson on the 25th day of February 2019 being an individual who had the care of another individual, namely Patient 4, by virtue of being a care worker did ill-treat the said Patient 4 having caused the said Patient 4 to become agitated by tampering with his personal items, John Sanderson then threatened the said Patient 4 with violence and goaded the said Patient 4 to fight with him.
Guilty
Count 23: Ryan Fuller and Darren Lawton on the 29th day of January 2019 being an individual who had the care of another individual, namely Patient 5, by virtue of being a care worker did ill-treat the said Patient 5 by instructing him to lie down on the ground to demonstrate a restraint technique and simulating an assault on him.
Ryan Fuller – Guilty
Darren Lawton – Not guilty
Count 24: Ryan Fuller on the 2nd day of February 2019 being an individual who had the care of another individual, namely Patient 6, by virtue of being a care worker did ill-treat the said Patient 6 by mocking his disability, calling him insulting names and encouraging Patient 6 to fight with him.
Not guilty
Count 25: Ryan Fuller on the 2nd day of February 2019 being an individual who had the care of another individual, namely Patient 6, by virtue of being a care worker on an occasion other than that in count 24, did ill-treat the said Patient 6 by antagonising him and encouraging the said Patient 6 to fight with him.
Guilty
Count 26: Ryan Fuller and Darren Lawton on the 2nd day of February 2019 being an individual who had the care of another individual, namely Patient 6, by virtue of being a care worker did ill-treat the said Patient 6 by mocking him and simulating masturbation actions towards the said Patient 6.
Ryan Fuller – Not guilty
Darren Lawton – Not guilty
Count 27: Sabah Mahmood on the 4th day of January 2019 being an individual who had the care of another individual, namely Patient 7, by virtue of being a care worker did ill-treat the said Patient 7 by shouting aggressively at her, swearing and making derogatory comments about Patient 7’s family.
Not guilty
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