David Birrell secures Not Guilty verdict in care worker abuse trial

February 1, 2016

David Birrell from Exchange Chambers has secured a not guilty verdict for his client,  a care worker, after allegations of abuse at a residential home in Cumbria.

David’s client was charged with Ill-Treatment of a Person Lacking Capacity contrary to s.44 of the Mental Capacity Act 2005.  The offence carries a maximum sentence of 5 years’ imprisonment.

The prosecution’s case was that the defendant had deliberately ill-treated an 82 year old lady who suffered with dementia. The lady has since died of natural causes. This was a ‘whistleblower’ case in that the complaint was made by a former colleague of the defendant.

Following David Birrell’s defence, which included analysing the patient’s medical records and the care home’s records, the jury returned not guilty verdicts within an hour.

David was instructed by Mike Woolaghan and Marion Weir at Brockbanks.