Bupa aged care worker Prakash Paudyal jailed for assaulting man, 82, on the northern beaches
An aged care worker who was caught on a hidden camera assaulting an 82-year-old dementia sufferer in a northern beaches nursing home has been sentenced to eight months in jail.
AN aged care worker who was caught on a hidden camera assaulting an 82-year-old man in a northern beaches nursing home has been sentenced to eight months in jail.
Prakash Paudyal, 36, of Hornsby, had pleaded guilty to two counts of domestic violence-related common assault for striking David Nabulsi, who has dementia, in the Bupa aged care facility in Seaforth.
Mr Nabulsi’s daughter Ayda Celine had set up the camera in her father’s room just a day before he was assaulted.
The captured footage showed Paudyal trying to undress Mr Nabulsi while saying to him “no fighting”, “no fighting”.
Paudyal is seen striking Mr Nabulsi with a shoe and shoving and dragging him across a bed while Mr Paudyal tries to remove his T-shirt. Mr Nabulsi then falls off his bed onto the floor.
In Manly Local Court on Wednesday magistrate Christopher Longley said the offence warranted a jail term because Paudyal was in a position of trust after Mr Nabulsi was placed in his care.
Mr Longley set a non-parole period of four months.
Paudyal’s defence team argued he was overworked and undertrained and was under a great deal of stress at the time of the offences and was “appalled and disgusted” at his own actions.
The court heard that Paudyal, married with a toddler, had been working a total 55 hours a week at two jobs and had been diagnosed with a chronic adjustment disorder and that medication he was taking for Chron’s disease affect how he controlled his temper and anger.
But police prosecutor Adrian Walsh urged Mr Longley to take the vulnerability of the victim into account when deciding on a sentence.
Sgt Walsh said Paudyal had used “gratuitous cruelty” against Mr Nabulsi which had demonstrated a “flagrant breach of trust” and that a jail term would act as a deterrent to others working in aged care.
When passing sentence Mr Longley said the assault was “disturbing and distressing” for Mr Nabulsi as well as his family.
Outside court Ms Celine said she was surprised and overwhelmed by the sentence.
“We finally got justice and, you know, we’re finally standing up for the elderly.
“We’ve set sort of a mark now that you can’t get away with it.”
Ms Celine said she could not accept excuses that Paudyal was overworked.
“There is no excuse for violence.
“Everyone is overworked, everyone is tired. It’s just not good enough.”
Ms Celine said she had no regrets with installing the camera and urged others who think their loved ones are not being treated properly in aged care homes to stand up for them.
Paudyal is considering appealing the sentence.