NURSERY WORKERS CONVICTED OF ASSAULT LEAVE COURT UNTOUCHED
Two nursery workers who assaulted a four-year-old child at a nursery in Aberdeenshire have left court without any punishment for their actions.Joseph Picker, aged 36, and Stacey Kerr, aged 30, were convicted earlier this year after a lengthy trial that spanned over a year.The court considered evidence including CCTV footage and found both guilty of assaulting the boy, whose arms showed bruises.Despite the convictions, Sheriff Philip Mann admonished the pair, meaning they received no formal penalty and were just warned not to reoffend.
Sheriff Mann stated that he believed both had "already been punished" for their actions, which he said were "not sinister in motive".The incidents took place between April and July 2021 at an unnamed nursery.
Picker was convicted of repeatedly seizing the child, pushing, pulling, restraining him on the floor, and lifting him, all to his injury.
Kerr was guilty of similar acts, including grabbing, restraining, pushing, and lifting the boy.Sheriff Mann said he carefully considered what sentence to impose, noting: "I am not going to lie, the disposal of this case has been a very anxious matter.
You have been convicted of assault on a child, and in your case Mr.
Picker, injury to a child.
I fully accept that you were not trying to injure him but were attempting to manage his difficult and disruptive behavior.
Ultimately, the methods used were inappropriate."He further added: "You have been punished enough for what you did...
You are free to go." The sheriff explained that the CCTV footage showed the pair restraining the boy, some for significant periods, in full view of managers who took no action until the child sustained a minor injury.
He acknowledged the emotional impact on the child's family, especially the mother who was in court and wept during the evidence.
The mother described the boy’s immediate reaction and showed photos of his bruises.The court was shown CCTV footage where Kerr sat with the boy, either between her legs or lying on the floor with her legs over him, preventing him from standing.
Picker was seen mopping the floor while the boy played and was recorded pinning him to the floor multiple times, for over 28 minutes in total.
The defendants claimed the child's behavior was disruptive and that they used "gentle pressure" or "a gentle hug" to calm him, a method the sheriff deemed "inappropriate."Both Picker and Kerr lost their jobs but were defended arguing they had been sufficiently punished and would not work in that industry again.
Their legal representatives argued that the sheriff's verdict justified no further punishment.
Ultimately, the sheriff imposed admonishment, telling them: "You are free to go."
