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alleged attack Home help ‘struck ill patient with fists twice in the stomach’, court is told


Swords District Court

Swords District Court

Swords District Court

A home help worker has been charged with seriously assaulting a patient after she allegedly struck the elderly woman twice in the stomach.

Basirat Yahaya (47) allegedly left the elderly woman with bruising to her stomach following the attack.

Judge Brendan O’Reilly adjourned the matter to a date next month, saying he would prefer to know the outcome of a coroner’s inquest before deciding on jurisdiction.

The accused, with an address at Castleview Walk in Swords, Dublin, appeared before Swords District Court charged with seriously assaulting a woman in her home in Portmarnock on June 17 last year.

Garda Michael McCallion told the court that the Director of Public Prosecution (DPP) had directed summary trial in the district court.

Outlining the allegation for jurisdiction purposes, Gda McCallion alleged the accused was working as a carer and providing respite care to the injured party, who was receiving care from a care service three times a day in her own home.

Gda McCallion alleged that Ms Yahaya struck the elderly woman twice in her stomach with her fists.

He alleged the assault was witnessed by another carer who was in the room.

Gda McCallion told the court the injured party was in ill-health and had died 10 days after this incident.

A post-mortem found the lady’s death had nothing to do with this matter, he added .

Gda McCallion said the accused provided a voluntary cautioned statement to gardaí on July 31 last year and a file was later sent to the DPP, which directed she be charged with a serious assault.

He handed 35 photographs of the victim’s alleged injuries to the judge, saying the photos were taken by her family over a number of days as the injuries became more visible.

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Gda McCallion said a coroner’s inquest has not yet taken place.

Judge O’Reilly said he was not inclined to make a decision of jurisdiction until he was aware of the coroner’s ruling.

The court heard Gda McCallion had no objection to bail, subject to Ms Yahaya having no contact with any witnesses in the case.

The accused has not yet indicated how she intends to plead to the charge. Defence solicitor Ray Kavanagh was assigned on free legal aid.

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