Care workers handed suspended sentence over mistreatment of severely disabled resident

Two carers have walked out of court with a suspended prison term after being found guilty of using unnecessary and excessive force on a vulnerable resident with severe mental and physical disabilities at Dar Arka in Għajnsielem, Gozo.

Magistrate Jean Paul Grech, presiding over the Gozo Magistrates’ Court, sentenced Andrew Debono and Andrea Anton Joanne Cilia to one year imprisonment, suspended for two years, after concluding that their behaviour amounted to abuse of a person entirely dependent on others for his basic needs.

The court also ordered each of them to pay €385.96 in expert expenses and placed them under a one-year obligation, enforceable by a €1,000 penalty if breached.

The incident took place on 1 May 2023 inside the residential home, where the victim, an adult man with autism and profound intellectual disability resided.

Evidence showed that after a dispute over a chair, Cilia struck the resident with her elbow and pushed him, while Debono returned to the residence and shouted at the victim, lifting his hand toward him in an intimidating manner despite no immediate provocation.

The abuse came to light after manager Marco Formosa alerted police, having been informed by staff about the incident.

During proceedings, multiple carers and staff testified that the behaviour seen in the CCTV recordings was unacceptable and inconsistent with care standards. The defence attempted to argue that the footage should be ruled inadmissible, but the court rejected the challenge, noting that the recordings had been properly certified and corroborated.

The court described the videos as “clear, credible, and reliable evidence” demonstrating a breach of duty and trust.

‘Abuse of trust’

In its judgment, the court stressed that the resident was “completely dependent on others for his needs”, adding that those entrusted with his care instead opted for aggression. Their conduct, the magistrate said, constituted a serious betrayal of professional responsibility.

Both defendants had spotless criminal records and no longer work at the care facility. The court noted these factors in opting for a suspended sentence, observing that they did not appear to pose a future risk to vulnerable individuals.

The court turned down a request for a protection order under but imposed an obligation under to safeguard the victim and maintain public order

Prosecution was led by Superintendent Bernard Charles Spiteri. Magistrate Jean Paul Grech presided.