Covertly-filmed video footage can be used as evidence in a State case against six HSE staff for allegedly assaulting residents at the Arás Attracta home, a judge has ruled.
Some 190 hours of video footage was filmed by an undercover reports last November in Bungalow 3 of the Áras Attracta complex in Swinford, Co Mayo.
Part of the video was shown weeks later on RTÉ’s Primetime programme.
Six care staff – five women and one man – were subsequently charged with assault following a Garda investigation.
However, legal representatives of the six accused challenged the admissibility of the video evidence.
Last Monday, Judge Mary Devins, at Swinford District Court - sitting in Ballina - took submissions from the State and the defence teams on the admissibility issue.
On Friday, the judge ruled the footage was admissible. She said the encroachment of the individual rights of the accused by the hidden camera was not unreasonable in the circumstances. Neither was the encroachment on the privacy of the residents in what was their home unreasonable.
“The disability of the residents were such that they were completely dependent on their carers. They had no voice except through their carers,” she said.
Judge Devins noted it had been indicated to her that the video evidence obtained by RTÉ was the “foundation” of the prosecution case.
“It (video evidence) will be subject to commensurate, rigorous, forensic examination no doubt by the defence and certainly by the judge in the course of the trial.”
In her ruling , Judge Devins said it seemed to be commonplace that the reporter involved did not engage in entrapment, incitement or instigation.
She added that the care home was operated by the HSE on behalf of the State and the reporter cannot be said to have trespassed on the property of the accused as they were the employees of the owners.
The judge’s ruling means the criminal charges against the six accused, relating to assaults allegedly committed on dates in mid-November last, will proceed.
The cases will come up for mention at Swinford District Court - sitting in Ballina - on November 13th.
A huge volume of material has been disclosed by the State to defence legal teams, including 190 hours of CCTV and video footage along with 10,000 pages of documentation.
One of the accused, Joan Gill, with an address at Dublin Road, Swinford, faces five charges of assault at Bungalow 3, Áras Attracta in mid-November last.
The other five faced one charge of assault each.
They are: Pat McLoughlin, Lalibella, Mayfield, Claremorris; Anna Ywunong Bostimbo, Lowpark Avenue, Charlestown; Kathleen King, Knockshanbally, Straide, Foxford, Co Mayo; Christine Delaney, Lissatava, Hollymount, Co Mayo; and Joan Walsh, Carrowilkeen, Curry, Co Sligo.
At the preliminary hearing, State Solicitor for Mayo, Vincent Deanue argued the video footage, on which the State cases mainly rests, was not obtained illegally or in an unconstitutional manner.