Former care home worker spared jail for attack on resident, 90, who later died

A former care home worker has been spared jail for an attack on a 90-year-old resident who was left badly hurt.

Helen Gibson, 64, shouted, swore and pushed dementia sufferer Leo McGuigan on December 17, 2022, at the Village Care Home in Cumbernauld, where the pensioner was being looked after.

Jurors heard how the ex-serviceman lay on the floor for nine hours while waiting for an ambulance, despite six 999 calls being made.

Mr McGuigan was taken to Glasgow Royal Infirmary with a fractured arm and would have been able to be discharged days later.

Instead remained at the Royal and ended up being struck down with hospital-acquired pneumonia as well as stomach complications.

Mr McGuigan passed away on January 4, 2023.

Gibson, of Muirhead, was suspended following the incident and was eventually charged months later with the culpable homicide of the pensioner.

She stood trial last month and was cleared of the killing.

Gibson instead was convicted of the reduced charge of assaulting Mr McGuigan to his severe injury.

She returned to the High Court in Glasgow to be sentenced.

Lord Renucci put her on a community payback order and stated she must complete 300 hours of unpaid work.

This has to be completed within 12 months. Gibson will also be supervised for two years.

Sentencing, the judge remarked on the unexplained wait Mr McGuigan had for an ambulance.

He told Gibson: “Albeit he was attended by care home staff, this factor can only have added to his distress and discomfort.

“While I accept you cannot be held responsible for the delay in his getting medical attention, the fact is, he would not have lain on that floor had you not pushed him.

“Sadly, Mr McGuigan did not return to the care home.”

Deciding not to jail Gibson, the judge stated: “Having considered the matter carefully and the particular circumstances, I am persuaded that there is a direct alternative to custody available.

“A non-custodial disposal is not an easy option for you and nor is it meant to be.”

A prosecution witness – a former colleague of Gibson – told the trial that she was “absolutely certain” she had seen Mr McGuigan pushed that day, although she had not noticed him fall.

The OAP was said to have told another carer at the home what had happened and that he had gone “right down”.

Urging jurors to convict Gibson, advocate depute Mark Mohammed KC said Mr McGuigan had only ended up in hospital as a result of what she had done to him.

Gibson had denied assaulting the OAP. It was claimed Mr McGuigan had instead pushed her.

In his closing speech, Gibson’s lawyer Thomas Ross commented that the colleague who said she had witnessed the attack had given “multiple different accounts” between her testimony and police statements.

The KC further described the nine-hour delay for an ambulance for the OAP as “almost unbelievable”.

The jury concluded Gibson did not cause Mr McGuigan’s death, but instead found her guilty of the aggravated assault.