Anita Prajapati’s conviction quashed by District Court

An aged care worker from the northern beaches, who was given a 12-month prison sentence for assaulting an elderly dementia patient, has had her conviction overturned.

Anita Prajapati, 31, of Dee Why, outside Manly Local Court last year where she was convicted of assaulting an elderly dementia patient. Ms Prajapati appealed the conviction and that appeal was upheld in the Downing Centre District Court. The conviction was quashed. Picture: Jim O'Rourke

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A carer found guilty of assaulting an elderly dementia patient at a northern beaches aged care home has had the assault conviction overturned.

Care service employee Anita Prajapati, 31, of Dee Why, appealed the conviction for common assault after she was convicted in Manly Local Court in August last year.

Anita Prajapati, 31, of Dee Why, outside Manly Local Court with her husband (left) and solicitor. Picture: Jim O'Rourke

Ms Prajapati was charged after police alleged she stuffed a scrunched up Wet Wipes towelette into the mouth of a woman, aged in her late 80s while her clothes were being changed at the “War Vets” home at Narrabeen in November 2018.

Police also alleged she slapped the elderly woman across the mouth at Peter Cosgrove House — a high-care dementia unit at the “War Vets”.

One of Ms Prajapati’s work colleagues, Larissa Daley, told police she witnessed the assault and reported it to management at the facility.

Anita Prajapati, 31, of Dee Why, pleaded not guilty to assaulting an elderly dementia patient. Picture: Jim O'Rourke

Ms Prajapati denied slapping the patient or placing a towelette in her mouth to stop her screaming.

She pleaded not guilty to one count of common assault. Her defence argued that Ms Daley made the complaint to management because she had “an axe to grind” with Ms Prajapati, who had complained about the quality of Ms Daley’s work.

Ms Prajapati was convicted by Magistrate Michelle Goodwin on August 26, 2019.

Ms Goodwin said while there was evidence that Ms Prajapati was a person of good character, she was satisfied that the prosecution had proved the offence.

Ms Prajapati was sentenced to 12 months in jail, but would serve the sentence in the community as part of a supervised Intensive Correction Order.

The RSL ‘War Vets’ aged care facility at Narrabeen. Picture: Supplied

She appealed the conviction in the Downing Centre District Court.

On March 18, Judge Jane Culver upheld her appeal.

The official record of the decision, provided by the District Court, said: “Based on new information, the order of the Local Court is quashed.

“Conviction appeal upheld”.