Two nursery workers have been found guilty of assaulting a four-year-old child at an Aberdeenshire nursery, leaving his arms covered in bruises.
Joseph Picker, 36, and Stacey Kerr, 30, were convicted following a protracted trial at Aberdeen Sheriff Court.
Sheriff Philip Mann first heard evidence in March last year and ultimately found them both guilty, deferring sentencing until next month.
After the verdict, the mother of the young boy said she was “haunted” by the video footage that was played in court, calling it “just horrific”.
Convicted of child assault
Picker was convicted of assault to injury by repeatedly seizing the child by the body, pushing and pulling the child by the body, restraining the boy on the floor and lifting him up – all to his injury.
Kerr was found guilty of assault by repeatedly grabbing the boy by the body, restraining him on the floor, pushing him to the floor, pushing and pulling him by the body and lifting him up.
The incidents all took place between April and July 2021 at the nursery, which cannot be named for legal reasons.
Footage of assaults shown
The court was previously shown CCTV footage from inside the nursery.
It showed more than one incident of Kerr sitting with the boy, either between her legs or lying on the floor with her legs over him, preventing him from getting up.
Footage also showed Picker mopping the floor, while the boy is playing by himself in his favourite spot.
Suddenly, Picker goes over to the boy and apparently snatches off his hat and pins him to the floor.
Child pinned to floor
The boy is released, but Picker is seen to return to pin the boy down a further seven times over a period of 28 minutes.
During this time, the boy is kept within his “quiet place” and not allowed to leave by Picker.
The boy’s mother, who was sitting in the court’s public gallery, openly wept while watching the footage.
She gave evidence during the trial to say her son had immediately said “ouchy, ouchy” when she collected him from the childcare establishment and that he was “pulling his arm away” from her.
She wept as she looked over the photographs taken of the boy’s injuries – which included bruising near his elbow and more on his upper hip.
Mother’s reaction to verdict
Speaking to The Press and Journal after the guilty verdicts, the mum said she was “haunted” after watching the CCTV footage.
“We just thought it had been a one-off situation,” she explained. “It was only when I was in court I realised the extent of it.
“This was two weeks of footage showing them harming [my son].
“He still talks about it – and for while afterwards he would come out with ‘Joe will come back and hurt my arms’.
“It has taken him a long time to be able to trust his teachers at school, but thankfully he is a lot happier now.
“The CCTV footage has haunted me. You could tell he was upset. I’m just glad there was no sound on it, as I think I would have found that too much to watch.
“It’s just horrific.
“If we had heard him screaming – it would have been even more horrific than it already was.
“I think this has been the right outcome – it was all there on camera.”
Police investigation
Police became involved after a manager reviewed CCTV footage from inside the room the boy was in earlier that day after she heard the child scream in pain.
Picker and Kerr were both suspended the next day after the manager stayed up the whole night watching the footage. They both denied the charges.
They said the child had been disruptive and would often bite other children and throw toys.
Isolated for lengthy periods
The court heard how Kerr and Picker developed a strategy for dealing with the boy’s behaviour and it included taking him to “the spot” where he would be kept isolated from other children.
Kerr described using “gentle pressure” when holding the boy, adding: “He would calm down quicker. It was like a gentle hug.”
Fiscal depute Alan Townsend asked Kerr: “Let’s make no bones about it. You became frustrated with this child and developed a strategy that was punishing him in an overly aggressive and unreasonable way – as has been demonstrated by the CCTV footage.”
Kerr, of Balnagask Avenue, Aberdeen, and Picker, of Holburn Street, Aberdeen, will return to court on May 13 to be sentenced.