A care worker from St Vincent De Paul has been cleared of beating a 78-year-old patient whose facial bruising had been flagged by his family.

The 30-year-old carer, Kevin Mamo, admitted to the police that he had "jokingly hit" the elderly patient, who suffers from acute dementia, on New Year's Day two years ago.

When the elderly man's family had noticed the markings they immediately took photographs of their frail relative and asked the hospital authorities to investigate the injuries. The hospital administrator felt it was not a case to be investigated internally and called in the police.

Investigations revealed that Mr Mamo and a nurse, Joseph Cassar, had lifted the patient out of a wheelchair and placed him in bed. The court said witnesses heard during the proceedings indicated that it was at this point that the accused "touched" the face of the patient causing the marks.

Mr Mamo's statement to the police, in which he said he had only been joking with the patient when he hit him on the neck, was corroborated by Mr Cassar who said his colleague would joke with patients but never hurt anyone.

Magistrate Antonio Mizzi said that judging by the evidence produced there was nothing to suggest the accused had any sort of problem with any patient. The legal elements of intention to harm and voluntarily hurting the patient were completely missing in this case.

Handing down judgment, the court said that, although this was definitely not a way to joke with elderly patients, there was no hint of criminal action and so acquitted the accused.

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