A care home worker took photographs of elderly residents naked and using the toilet and sent them to her friend, a court has heard.
Jackie Hauley’s crime, which took place at Garioch Nursing Home in Inverurie, was described as a “very significant breach of trust” and involved two female pensioners.
In one photo an elderly woman is seen sitting naked on the floor and in another a different resident is using a commode.
Hauley’s solicitor told Aberdeen Sheriff Court she was “extremely passionate” about working in the care sector and the offence was “lapses of judgement at a time when she was clearly in a stressful situation”.
Shane Campbell said the 33-year-old sent the photographs to a friend because she wanted to show her the stresses she was under at the time.
“It’s a situation where her actions were, as she described it, reckless rather than done with any malicious intent,” Mr Campbell added.
In an earlier hearing, fiscal depute Jennifer Pritchard told the court that Hauley’s “associate” received messages on Facebook from her between July 1 2017 and March 28 2018 regarding her work as a carer.
Ms Pritchard said: “During this exchange of messages, the accused sent three images.
“The first image was of the day room within the nursing home.
“The second picture contained an image of a woman using a commode toilet.
“The third picture contained an image of another woman naked and sitting on the floor.”
The women pictured were elderly and residents of the nursing home, which is under new management from the time Hauley worked there.
Hauley’s friend, following discussions with her husband, visited Inverurie police station to report having received the images.
Officers traced Hauley and she was cautioned, interviewed and arrested on July 2 2019.
Hauley pled guilty to sending a message which was grossly offensive or of an indecent, obscene or menacing nature by sending images of residents using a commode toilet and in a state of undress.
Sentence was initially deferred for background reports as her defence agent at the time, David Sutherland, said there was an “unusual background” to the offence and mentioned the “potential for admonition”.
‘It’s unfortunate she chose to vent her frustration in this particular way’
Hauley has now appeared back in the dock for sentencing and was represented by solicitor Shane Campbell on behalf of Mr Sutherland.
Mr Campbell said: “I think the overriding impression that I take away from this whole sorry affair is that her conviction for this offence has had drastic consequences on her life and on her mental wellbeing.”
Mr Campbell highlighted that the case had been “hanging over” Hauley since 2018.
The solicitor said the conviction could impact Hauley’s ability to work in the sector, but that she was “hopeful” she would still be able to.
He said that she had had other jobs in the industry, but added: “Because of the fact certain individuals were aware of this conviction, her employers were made aware and she was asked to leave.
“She is extremely passionate about this line of work. It’s what she wants to do.
“Although at first glance this offence is one which the court would ordinarily require to take a serious view of, what I’m asking m’lord to consider is the effect this has had on her life and will continue to have.”
‘A very significant breach of trust’
Mr Campbell described the offence as “errors” and “lapses of judgement at a time when she was clearly in a stressful situation”.
Sheriff Andrew Miller said: “These were images that were sent on more than one occasion between July 2017 and March 2018.
“Three images were sent on separate occasions.”
Mr Campbell added: “Effectively her position would be it was her trying to demonstrate her reaction to pressures and stresses she was under at the time.”
The solicitor said it was an “extremely high-pressure environment” and added: “It’s unfortunate she chose to vent her frustration in this particular way.”
He asked for his client to be admonished.
Sheriff Miller said: “I don’t consider admonition to be an attractive option.
“Her position is she took and sent these photos as a means of highlighting the pressures she felt she was under and she didn’t feel the stresses of the work were properly realised in the salary and working conditions.
‘They were entitled to expect their privacy and dignity
“She chose to do that by sending photos of vulnerable people in at least one case in circumstances in which they and their families would be entitled to expect they would enjoy privacy.
“She sent the photos to one of her friends rather than a line manager or anyone else connected with her work.
“I think the degree to which trust has been breached here makes admonition not a justifiable sentencing option.”
Addressing Hauley directly, Sheriff Miller said: “You accept that you sent images of two elderly women who were residing at a care home you were then working in.
“These images constitute clearly a very significant breach of trust and showed the ladies question in circumstances and states or dress or undress which ought never to have been photographed by you in the course of your work.
“They were entitled to expect their privacy and dignity would be respected and it wasn’t on the occasions you took these photos and sent them to a friend, apparently as a means of expressing your own frustrations about aspects of your working conditions.
“Ultimately, the recipient of these images reported the matter to the police.”
He ordered Hauley, of Minto Circle, Kemnay, to pay a fine of £450.
As she left court, Hauley hid behind a family member and covered her face with a hood.
Asked whether she wanted to apologise to the elderly women, Hauley remained silent.
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