The fate of a personal support worker accused of sexually assaulting a resident in his care at Belleville’s Belmont Long Term Care Facility is now in the hands of Justice Michael March.
42-year-old Bruce William Letford was charged in October 2015 after a 93-year-old woman reported she had been sexually assaulted while in his care at the home.
On Tuesday court watched a video statement where the victim whose identity is protected under a publication ban recounted the alleged incidents happening while Letford bathed her. Letford has worked at the facility for 15 years and would regularly bath the victim who court heard has lived there for four years.
She said she didn’t feel comfortable with Letford bathing her stating ‘he was very very rough’ when he washed her private parts often going inside.
During questioning she would often become confused about what day or year it was and admitted she couldn’t remember everything.
Court also heard witness testimony from the assistant director of care who was key in reporting the incident to the Ministry of Long Term Care and the police.
She said the victim who is generally quiet and reserved surprised staff and herself when she gave a detailed recount of the incident. She explained that they don’t get complaints such as this when it comes to bathing. Generally it’s women stating they don’t want to be bathed by men and men complaining they don’t want to be bathed by men.
A mini-mental state examination was also entered in as evidence by defence lawyer John Bonn where the victim scored an eight out of thirty on cognitive ability. Court heard how a score between zero and 17 indicates a severe cognitive ability.
Crown Jodi Whyte argued a state fatigue and education test can affect scoring and the nurse who gave the test indicated the victim was tired at the time often closing her eyes. Whyte added the victim has a Grade 7 education.
During final submissions Whyte said the victim is consistent with core details such as bath times, what happened to her and how uncomfortable it was.
Bonn argued the victim’s mental capacity is at issue and her claim should be inadmissible without cross examination.
Justice March will determine if her testimony is reliable and give his judgement on October 6.