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Pensioner (73) attacks nurse who asked him to put out cigarette

Enniskillen Magistrates Court

Enniskillen court house

AN ELDERLY man who attacked a nurse by pushing her against a wall and putting her in a head lock has been handed a suspended jail sentence.

Albert Hicks, 73, who lives in a nursing home in Enniskillen, pleaded guilty to common assault when he appeared before Fermanagh court.

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He admitting attacking a nurse at the South West Acute Hospital after she asked him to put out a cigarette.

A solicitor from the Public Prosecution Service outlined to the court that on April 25 last year at around 6pm, police spoke with the injured party, Sarah Harvey, who had made a compliant that she was assaulted by a patient at the hospital where she works as a nurse.

She stated that on April 15, Hicks pushed her against a wall and had her in a head lock.

Police later spoke with the defendant about the allegations made against him, however he initially denied the charges against him during police interview.

It emerged that the defendant had a cigarette and was told by Ms Harvey he could not smoke there to which he replied, “You can’t f****g tell me what to do”.

Defence barrister Heather Philips explained to the court that her client suffered from depression and had a dependency on alcohol at the time of the incident.

“However, he has overcome this and progressed from this,” she said.

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“A reference from his (nursing home) manager who can confirm that he conducts himself in a proper manner with staff and residents.

“He was very remorseful and hasn’t taken anymore alcohol since the incident.”

District Judge Nigel Broderick stated that it was a “serious matter” when someone assaults a member of nursing staff.

“It is a complicated background. He has a mild cognitive impairment.”

Hicks was handed a three month prison sentence suspended for 18 months and ordered to pay compensation of £250 to Ms Harvey.

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