A former carer who assaulted a dementia patient and mocked her in a video at a Fife care facility cannot currently complete his community punishment, a court has heard.
Liam Stark laughed as he filmed the elderly woman in her underpants and t-shirt and chanted the song “Donald, where’s your troosers”.
During the assault at Benore Care Centre, Lochore, he repeatedly hurt her by flicking her nipples with his finger over her t-shirt and claimed to other staff he was “having a laugh”.
Stark, of Cook Square in Lochgelly, was sentenced at Kirkcaldy Sheriff Court in February to 300 hours of unpaid work – the maximum available – as a direct alternative to custody.
He had earlier pled guilty to the July 27 2022 assault and a breach of the peace on August 5 or 6 of that year, when he showed his sick video to other staff.
Sheriff Charles Lugton told 22-year-old Stark he had committed a “disgusting offence”.
The sheriff also gave him a year of offender supervision and imposed a conduct requirement to engage with counselling for alcohol abuse and substance misuse.
After the sentencing the elderly woman’s son, Kevin Payne, told The Courier justice was “not even close” to being done and that Stark should be behind bars.
Cannot work due to drug addiction
Stark, who was a senior carer at the time but is now barred from working in the care sector, reappeared in the dock this week for a second community payback order (CPO) review.
Defence lawyer David Cranston said Stark has masked difficulties he is having with drug misuse.
The solicitor said: “At the present time he is struggling to complete unpaid work.”
The court heard he has done only 51 of the 300 hours.
Mr Cranston suggested revoking the unpaid work order temporarily with the intention of re-imposing it if drugs rehabilitation and counselling works and he is in a better state of health in three months time.
The lawyer said there appears to be a willingness to comply with both elements of the CPO but not at the present time.
Sheriff Lugton said Stark was “very lucky not to be jailed”.
He told Stark: “You are certainly going to have to do the punitive element here.
“I will revoke the unpaid work requirement at this stage but it will be returned in three months.
“That gives you time to address the difficulties you have got but the expectation at that stage is unpaid work will be re-imposed.”
‘Downward spiral’
After his video came to light, Stark was formally suspended and an internal investigation carried out.
He denied the allegation made by staff but handed in his resignation.
The complainer’s son was told and he contacted police.
At sentencing, defence lawyer Aime Allan highlighted Stark’s mental health issues, compounded by the death of both his grandparents and two friends in quick succession, between 2019 and 2021.
The solicitor said: “This led to a downward spiral for him.”
Ms Allan, who had argued for a non-custodial sentence, said Stark was 20 years old at the time of the offence and highlighted the sentencing young people guidelines.
Although Stark was then referred to in court as a first offender, he was previously fined after admitting driving when unfit to do so through drink or drugs on the B914 road on September 19 2021.
Dunfermline Sheriff Court heard he had been snorting ketamine just before crashing his car, not far from Knockhill race track.
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