Care home director acquitted on appeal over 'misplaced joke' involving elderly resident

The director of the De Zathe residential care center in Nieuwpoort has been acquitted by the Ghent Court of Appeal on charges of involuntary assault. The head nurse involved in the case also had her sentence suspended on appeal. Both had initially received three-month suspended prison sentences following a conviction for a "misplaced joke" that led to a humiliating treatment of a 90-year-old resident.

The incident occurred in October 2017 when a nurse, aged 64, jokingly suggested to a colleague that a 90-year-old patient should receive aerosol therapy anally. The younger colleague, not realizing it was a prank, proceeded to administer the treatment in this manner for 45 minutes. The head nurse, aged 50, was also aware of the joke and saw the humor in it, according to initial reports.

Initially, the nurses were convicted of degrading treatment, receiving three-month suspended sentences. The director also received a similar sentence for involuntary assault and battery. However, the director and head nurse appealed these verdicts. The Court of Appeal found parts of the head nurse's actions proven but decided not to impose a sentence, granting her a suspension. The director was fully acquitted, with the court stating that the events occurred entirely without his knowledge or involvement. "There was no personal error on his part," stated his lawyer, Christine Mussche, emphasizing that the director only learned of the incident afterward and was not involved in the prank or its execution. She highlighted his 40-year career in healthcare, including 31 years as a dedicated director at De Zathe, respected by residents and staff.