Nurse filmed on surveillance camera denies abusing Caulfield Hospital brain-injured patient

Caulfield Hospital nurse Leopold Ramos has appeared in court to deny abusing a brain-injured patient twice in a day. WATCH CCTV

A nurse has denied abusing a brain-injured patient despite being filmed on a hidden surveillance camera allegedly choking and gagging him.

Leopold Ramos allegedly attacked Billy Aivaliotis twice in his room in the acquired brain injury unit of Caulfield Hospital in January last year.

Mr Ramos, 32, pleaded not guilty to two unlawful assault charges at Moorabbin Magistrates’ Court yesterday.

Video footage shown to the court, and originally first aired in the Herald Sun in February last year, shows Mr Ramos briefly put his hands around the throat of Mr Aivaliotis.

The film then depicts him pivoting Mr Aivaliotis onto his bed before stuffing a tissue in his mouth for a short time and then removing it.

The court heard while Mr Ramos accepted he was the nurse in the video he believes his actions had a lawful excuse defence.

Mr Aivaliotis, who has cerebral palsy, became a patient at Caulfield Hospital after he was hit by a car leaving him with a serious brain injury.

The 35-year-old’s family had believed since he had been admitted to the hospital he had not been receiving the proper care he required.

They then set up a hidden camera and after seeing the incidents on January 23 last year, contacted police.

Mr Ramos was then charged and stood down from his job, and no longer works at the hospital.

In court Mr Ramos’ lawyer, Jacob Kantor, outlined a series of reported incidents involving Mr Aivaliotis and detailed management plans the hospital had to put in place to deal with his erratic behaviour.

He said Mr Aivaliotis would punch, slap, spit on and verbally abuse staff, and was a high-grade falling risk.

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A male nurse who worked alongside Mr Ramos told the court he believed he was a “professional nurse” and although the management plan suggested it was better to have two staff members deal with Mr Aivaliotis, they were busy in the mornings and sometimes only one was available.

He said it was a “judgment call” for any nurse involved in caring for any patient – in this case Mr Ramos – to try and best deal with someone who was uncooperative.

Prosecutor Leading Senior Constable Emma DeBruyn told the court police believed “the footage speaks for itself”.

Mr Aivaliotis is now back at the family home.

The case returns in June next year.