Concerns have been raised about evidence which is due to be given in the trial of an Elgin care home worker accused of assaulting two residents.
Aneta Fortuniak, of Unit 9, Cameron Park Brae in Elgin, allegedly assaulted 83-year-old Aileen Marshall and 90-year-old Robert Scott in August last year at Spynie Court.
When the case was called at Elgin Sheriff Court yesterday, the possibility of some evidence not being allowed was highlighted.
Fiscal Alison Wylie said: “(The evidence) probably will be admitted, but there may have to be detail about how the evidence was taken and what kind of condition the witness was in at the time.”
Mrs Wylie said the evidence was initially given to the daughter of the witness, who is not due to testify during the proceedings. The fiscal added it probably would not be necessary to have a “trial within a trial” about the statements.
Sheriff Olga Pasportnikov asked whether efforts could be made to ensure the daughter was present in court for Monday’s trial.
Defence solicitor Steven Carty raised the possibility of lodging a notice which details exceptions of when “hearsay” evidence is not allowed in court.
Mrs Fortuniak, 43, is accused of seizing Mrs Marshall by the wrists, roughly manhandling her, dragging her across a bed and putting her hand across her mouth.
The care home worker is also charged with slapping Mr Scott on the face.
Mr Carty denied the charges on behalf of his client, who was not present in court yesterday.
The case is due to call again today to determine whether a Sheriff is available to preside over the trial on Monday.
