An experienced care worker’s career is in ruins after he was caught on camera attacking a disabled client at his home in Perthshire.
Michael Gitongu was supposed to be looking after the young man, who has complex learning difficulties and requires round-the-clock care.
Police were contacted after the 47-year-old was filmed seizing, striking, pushing and pulling his victim during a drawn-out ordeal that lasted several minutes.
Gitongu appeared at Perth Sheriff Court and admitted assaulting the man at his home in Rattray, Blairgowrie, on February 13 2023.
The court heard his days as a carer are over.
Investigation
Fiscal depute Stuart Hamilton said the victim, in his early 20s, requires 24-hour care on a one-to-one basis.
“Some time between 6pm and 7pm, a service coordinator at the property heard a loud bang coming from the living room.
“He looked inside and observed the accused appear to slap the back of a chair.
“The accused was then seen to slam both hands down at either side of the complainer.”
Mr Hamilton said the witness was unsure at this point whether Gitongu had struck the man.
“The service coordinator raised his concerns with a social worker at Perth and Kinross Council,” the prosecutor said.
“The matter was investigated and it was found that the incident had been captured on CCTV.
“As a result, police were contacted.”
Assault caught on CCTV
Video of the assault was previously played in court.
Mr Hamilton said it showed Gitongu seizing the complainer by the arm and pushing him into the corner of the room.
Gitongu is seen to shadow box in front of the man, who appears to be in distress.
He jabs at him, under his chest.
At another point, Gitongu switches off the lights and walks towards his victim with his arms raised.
Mr Hamilton said: “The complainer is seen picking up some paperwork.
“The accused attempts to remove the paperwork and puts his knee to the complainer’s leg.
“He then strikes his arms twice causing him to release the papers.
“The accused then seizes the complainer by the legs and pulls him across the sofa.”
The video then shows Gitongu sitting next to the man on the sofa and pulling him in for a hug.
Exemplary record
Solicitor Martin Hughes, defending, said: “This young man has very complex needs and there needed to be two members of staff with him, because of previous incidents of aggression.”
He said: “Leading up this offence, some unconventional methods had been deployed by all members of staff.
“That is what started the incident.”
Mr Hughes said: “It was very unfortunate and a matter of much regret for Mr Gitongu, who has no previous convictions.
“He lost his employment. He had an exemplary record until this incident.”
The court heard the married father-of-one, who has a background in IT, has since found work as a delivery driver.
Mr Hughes said his client had been in the care sector for many years and had been working with the complainer for some time.
“The care industry is now closed off to him.
“He is anxious to bring these proceedings to an end and he apologies for any stress he has caused to this boy and his family.”
Sheriff Alan Findlay told Gitongu: “You understand you have pled guilty to an offence involving a disabled person in your care.
“I take account your guilty plea and the contrition you have shown.
“A period of unpaid work should mark the seriousness of this offence.”
Gitongu, of Scott Avenue, Milton of Campsie, Stirlingshire, was ordered to carry out 150 hours unpaid work.
Legal proceedings
The case has a protracted legal history.
Gitongu pled guilty on July 8 and sentence was deferred for background report.
But when CCTV was played at the next hearing, his then lawyer questioned whether an assault had taken place.
When the case returned to court on September 25, a motion to withdraw Gitongu’s guilty plea was rejected by prosecutors.
Mr Hughes confirmed that, following further discussions, his client accepted his original guilty plea.
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