A psychiatric nurse has been given a four-year prison sentence for assaulting a patient who was being restrained by other staff at the Central Mental Hospital and who died later that same day.
Judge Donagh McDonagh at Dublin Circuit Criminal Court was told the Director of Public Prosecutions was satisfied that the victim, Gary Connell (35), did not die as a result of the injuries caused by the assault.
Bernard Cullen (47), Hillview,Gormanston, Co Meath, pleaded guilty to assault causing harm to Mr Connell on September 19th, 2001. Mr Connell was restrained after he stabbed a care worker in the eye and face with a piece of broken mirror.
Although he sustained severe cuts to his face, the man has since recovered and his sight has not been affected.
Attempts were then made to escort Mr Connell to another unit in the hospital but he continually tried to struggle in what staff described as one of the most violent episodes in which they had ever been involved.
Cullen, who was also the care officer in charge of control and restraint, arrived as staff were trying to take Mr Connell down a set of stairs and he told them that he would take over the escort of the patient.
State Pathologist Dr Marie Cassidy concluded that Mr Connell had died of "asphyxiation and compromised breathing" due to vomit in his oesophagus. She said that although there were facial and head injuries, there was no evidence of brain damage and the injuries caused by Cullen would have healed in time.
Det Sgt Seán Campbell said Mr Connell had 21 previous convictions, including grievous bodily harm, but he could not accept that he was a paranoid schizophrenic, although he agreed he was mentally ill.
The judge said he thought society would be "rightly aghast" at what happened to Mr Connell, who was under Cullen's care.
He could not see how any carer would need to resort to punching and kicking a patient and described Cullen's behaviour as "shocking, unacceptable and criminal".
While Mr Connell was both "a violent and vulnerable man", he was first and foremost a patient in the Central Mental Hospital. He took into account that "certain criticisms were levelled against the hospital" but added that no amount of training could have changed what happened.
Judge McDonagh suspended the last two years of the sentence having taken into account favourable testimonials put forward on Cullen's behalf, and his previous good character, and added that he took no pleasure in jailing him but he didn't think he had any other option.
John O'Donnell SC, defending, told the judge that Cullen was a "truthful and honest man" who thought what he was doing was the right thing in the circumstances and that he had a "genuinely held view" that this was what he needed to do.
Det Sgt Campbell told Éanna Mulloy SC, prosecuting, that Cullen had admitted to tapping Mr Connell with his foot in the shoulder three times and punching him twice in the face while he was being restrained on the ground.
He told gardaí the kicks he gave weren't hard and "wouldn't have moved a football five foot" but said that afterwards he did see Mr Connell had a very swollen black eye and he could not believe that his punch would have caused such injury so quickly.
Det Sgt Campbell told Mr Mulloy that Mr Connell, who was from Luton in England, moved to Ireland in May 2001, where he was convicted of trespass and assault and sentenced to 18 months in Wheatfield Prison. He also had a number of previous convictions in England.
Mr Connell was transferred to the Central Mental Hospital on August 28th, 2001, on his own request and because he agreed to co-operate with treatment there.
Det Sgt Campbell said Cullen had been working as a psychiatric nurse with the Central Mental Hospital since 1982. He had no previous convictions and had been suspended from work without pay since the investigation but had since had his wages restored.
Det Sgt Campbell agreed with Mr O'Donnell that Cullen had been a model employee and had co-operated fully with the investigation. He accepted that other staff members described Mr Connell's struggle as "one of the most violent incidents in which they have ever been involved" and that they had never witnessed anyone struggle for so long or so violently.
Det Sgt Campbell further accepted that the staff were "delighted" to see Cullen arrive because he was the control and restraint officer and they believed that Mr Connell's transportation to the next unit would be properly supervised.
He agreed that the excessive force used was a "momentary lapse in a volatile situation".