New challenge threatens nursing home management groups
LONDON: The decision of the elderly partner of a nursing home resident to “kidnap” her because of perceived care shortcomings will have ramifications for all residential care operators.
The man accused of unlawfully detaining his elderly partner from a Mandurah nursing home has pleaded guilty in Perth Magistrates Court.
Ralph Robert Terrance Gibbs, 80, fronted court on Wednesday wearing a checked shirt, black trousers and thongs.
The prosecution dismissed the charges of deprivation of liberty and endangerment of life, health or safety of a person and laid one new charge of unlawful custody of persons suffering from a mental disorder, to which Gibbs pleaded guilty.
The prosecution alleged Gibbs visited his de facto partner of 15 years, Carol Lisle, 84, on January 2 and attempted to take her back to Queensland, where the pair previously lived.
But Gibbs’ lawyer, Matthew Blackburn, said Gibbs never intended to remove Ms Lisle from WA when he decided to visit her from Queensland in late December and his decision was formed only after Ms Lisle allegedly asked Gibbs to “get her out of here”.
It is alleged Gibbs was visiting Ms Lisle at Mercy Place Mandurah, where Ms Lisle now lives, and was having lunch with her when he wheeled her out of the nursing home and put her in a ute which he had bought two days prior.
Ms Lisle suffers from dementia and Parkinson’s disease and needs a wheelchair and full-time care.
The prosecution said Gibbs was extremely underprepared for such an arduous journey, had minimal personal belongings for himself and Ms Lisle and was carrying a paper map of Australia with his route marked out to Queensland.
The pair allegedly travelled to the regional Wheatbelt town of Narembeen, about 300km east of Perth, where Gibbs stopped and asked for directions.
It is alleged Gibbs then returned and asked witnesses for assistance in putting an incontinence pad on Ms Lisle.
On January 4, police located the pair in the remote community of Warakurna — just 90km shy of the Northern Territory border.
The prosecution said Ms Lisle had soiled herself in the vehicle, was in a “distressed condition” and in need of medical attention.
Mr Blackburn told the court his client was “a lovestruck elderly man” who was “trying to do what was right” but had since accepted he must let his partner go and had plans to go back to Queensland.
Mr Blackburn told the court a letter from Gibbs’ daughter, Rochelle Palmay, would provide insight to the crime committed and urged Magistrate Raelene Johnston to consider Gibbs’ age, plea and circumstances.
“He just wants to get back to how he was living before,” Mr Blackburn told the court.
The prosecution acknowledged Gibbs’ circumstances, lack of prior criminal record and age and conceded he was “unlikely to reoffend”, but said the matter was too serious and sought imprisonment.
“The consequences of being unprepared . . . could have led to grave circumstances,” the prosecution told the court.
Ms Johnston said while Gibbs may not have initially planned to take Ms Lisle, he formed the intention after he arrived in WA.
Gibbs will be back in court next week for sentencing. He will also apply for a spent conviction.
