Former care home worker cleared of killing 90-year-old resident by assault

A former care home worker has been cleared of killing a 90-year-old resident.

Helen Gibson, 64, was instead convicted of assaulting Leo McGuigan to his severe injury following a trial at the High Court in Glasgow.

The attack on December 17, 2022 occurred at the Village Care Home in Cumbernauld, Lanarkshire, where dementia sufferer Mr McGuigan was being looked after.

Jurors heard how the ex-serviceman waited nine hours for an ambulance to arrive before he was taken to Glasgow Royal Infirmary.

Mr McGuigan suffered a fractured arm and would have been able to be discharged days later.

But, he 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, Lanarkshire, was suspended following the incident and was eventually charged months later with the culpable homicide of the pensioner.

A crucial witness for the prosecution – a then colleague of Gibson – told the trial how she was “absolutely certain” that she had seen Mr McGuigan be pushed that day, although she had not noticed him then falling.

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”.

Mr Ross told jurors: “It has been a living nightmare for three years for Helen Gibson with this hanging over her.

“You have the opportunity to end this nightmare and to return a verdict of acquittal.”

The jury concluded Gibson did not cause Mr McGuigan’s death.

Lord Renucci deferred sentencing on the aggravated assault charge until the New Year for reports.

Gibson remains on bail meantime.