Highland care worker who dragged autistic man naked across floor is sentenced

A care worker who dragged an autistic man naked across a carpeted floor in the care home where he lived escaped prison when he appeared for sentence at Inverness Sheriff Court.

Leslie Poole, (61), was convicted after trial last month of assaulting the resident of the Richmond Fellowship home in Golf View Road, Inverness.

Sentence had been deferred until today (Thursday) for criminal justice social work reports.

The former fabrication worker had lodged a special defence of necessity and claimed he acted in self-defence or the defence of others in the home.

Poole of Ferrybrae, North Kessock, was convicted after a three day trial of assaulting David Cole who is in his 40s.

But he was cleared of abducting Mr Cole who has learning difficulties and mental health problems by barricading him in his room using a brush handle against the door.

Sheriff Margaret Neilson said what concerned her about the reports was Poole’s lack of insight and the fact he was dismissive and blamed other people.

Marc Dickson, solicitor, said: "He struggles to understand what else he feels he could have done in the situation at the time, how it happened and how it developed.

"It’s clear to me he didn’t intend any harm to befall the complainer."

Mr Dickson said the 61 year-old father of three was a first offender. He had an elderly mother in Glasgow who was being cared for by his sister but her health was deteriorating.

She said he had lost his job and was now on benefits.

The trial heard Poole, who had worked for the charity for three years, was aware Mr Cole had a history of violence towards staff and other residents at the home which looks after people with learning difficulties, mental health problems and autism.

On the day of the offence on August 15, 2012 Poole had gone into a kitchen several times to ask Mr Cole, who was sitting naked on the floor, to put his clothes on.

But Mr Cole was becoming more and more irate towards staff.

The trial was told Mr Cole had broken one staff member’s nose and damaged property in the house and had assaulted Poole.

In his evidence Poole said Mr Cole said he could see the aggression in his face and feared he is going to ‘kick off’ and that Mr Cole would be a danger to himself, staff and other residents.

But another employee, fellow care worker Penny Deverell (31) of Telford Road, Inverness said he showed no sympathy for Mr Cole at all.

"For the most part, David is a lovely gentleman to work with," she said in her evidence. "But he does have episodes of challenging behaviour which can be quite severe."

On August 15, she said she saw Poole coming down the hall dragging David by his right arm. She said: "He was still cross-legged and one side of his body was dragging against the ground.

"I was really shocked," she said. "It was the first time I had seen someone treat a service user that way. I thought it was completely inappropriate."

Sentencing Poole, Sheriff Neilson told him she took into account he was a first offender.

She said however it was still a serious matter but she was prepared to deal with a community based disposal.

She ordered Poole to carry out 150 hours of community service and he was placed on a 12 month supervision order.

The sentence she said was a direct alternative to custody.

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