A senior carer who mocked a dementia patient while filming her at a Fife care facility, days after assaulting her by flicking her breasts, has avoided a jail sentence.
Liam Stark laughed as he filmed the elderly woman in her underpants and t-shirt and chanted the song “Donald, where’s your troosers”.
During the assault at Benore Care Centre in Lochore the 22-year-old claimed to other staff he was “having a laugh” as he repeatedly flicked her nipples over her t-shirt, causing her pain.
Stark, of Cook Square in Lochgelly, appeared at Kirkcaldy Sheriff Court for sentencing after earlier pleading guilty to the assault and a breach of the peace.
‘Limited’ remorse shown
Sheriff Charles Lugton told Stark: “This was a disgusting offence.
“It involved abusive conduct towards a vulnerable person for whom you had caring responsibilities.
“It’s a matter of concern you only showed limited insight and remorse.”
Sheriff Lugton said he is required to take account of Stark being a first offender and his young age.
The sheriff also referred to Stark’s social work report, which highlights his mental health and substance abuse issues and suggests scope to work to reduce risk of offending behaviour.
Sheriff Lugton sentenced Stark to 300 hours of unpaid work – the maximum available – and said any discount was the fact he was not getting locked up.
He also placed Stark on offender supervision for a year and imposed a conduct requirement to engage with counselling for alcohol abuse and substance misuse.
He added: “This is a direct alternative to custody.”
Victim was distressed and angry
Prosecutor Christine Allan told the court that on July 27 2022 Stark was in a nursing station with two staff members when the woman, wearing a t-shirt without a bra underneath, entered and asked the time, to which Stark replied: “About time you had a watch”.
The fiscal depute said the two other workers saw him then “flick the nipple” of the woman, causing her to shout out in pain.
Ms Allan continued: “Both (employees) heard the accused laugh at this.
“They observed the complainer’s anger as she swore and attempted to slap at the accused”.
The fiscal said the two staff members told Stark to stop but he stated he was “only having a laugh”.
Stark flicked the woman’s nipple again, causing her pain once more.
The two witnesses saw she was distressed, upset and angry and holding her breast.
One of them intervened and the matter was reported to senior carers.
‘It gets funnier’
The court heard that around midnight on August 5 into 6, Stark began trying to get the attention of two other staff members concerning something on his mobile phone.
One looked and identified the same female patient in a video.
The fiscal depute said the video began with the woman and another elderly female resident engaged in an argument.
Stark could be heard laughing in the footage and when the employee attempted to walk away, Stark told her to keep watching and said: “It gets funnier”.
He scrolled to another video of the same woman, wearing only a t-shirt and underpants and alone in a corridor.
The fiscal depute said: “The accused laughs and chants within the video, singing ‘Donald, where’s your troosers’.”
Ms Allan said the staff member refused to keep watching and Stark walked off.
The same employee then reported the matter to a senior staff member.
Internal probe launched
On August 8, Stark was formally suspended and an internal investigation was carried out.
In an interview he denied the allegation made by staff but handed in his resignation.
The complainer’s son was told and he contacted police.
The court heard the complainer is a vulnerable elderly woman who suffers from dementia and needs 24-hour care.
Following sentencing, Sheriff Lugton set a progress review date for Stark to return to court on April 23.
Defence lawyer Aime Allan had highlighted Stark’s mental health issues and said this was compounded by the death of both his grandparents and two friends in quick succession, between 2019 and 2021.
The solicitor said: “This led to a downward spiral for him.”
Ms Allan, who had argued for a non-custodial sentence, said Stark was 20 years old at the time of the offence and highlighted the sentencing young people guidelines.
The lawyer said that Stark is currently unemployed and hopes to get back to work in the IT realm.
Although Stark was referred to in court as a first offender, he was previously fined after admitting driving when unfit to do so through drink or drugs on the B914 road on September 19 2021.
Dunfermline Sheriff Court heard that on this occasion he had been snorting ketamine just before crashing his car, not far from Knockhill race track.
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