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‘Auntie Em’s’ daughter launches appeal

The daughter of alleged elder abuse victim “Auntie Em” is appealing a magistrate’s judgement which found she owed $25,000 to a caregiver who looked after her mother.Rosamund Hayward, 53, of Upland Street, Devonshire, was ordered to pay the money to Yvonne Dawson by Magistrate Tyrone Chin on December 30 after a three-year court battle.Nursing assistant Ms Dawson declared herself “elated” with the decision and said it had been a long journey to see justice served.But Mrs Hayward’s lawyer Ray DeSilva confirmed to The Royal Gazette this week his client was appealing the judgement.“In essence the grounds of appeal are that the magistrate erred in law in finding that there was a contract between the parties,” he said.Ms Dawson, 43, received a letter advising her of the appeal last week; a date for it to be heard in the Supreme Court has yet to be set.She said: “To me, this case is a complete waste of time. I think it’s an insult to the magistrate he was very fair and constantly advised both parties to settle the issue. She shouldn’t waste the court’s time when there are other cases.”Ms Dawson won her civil suit after convincing Mr Chin she had an oral contract with Mrs Hayward to be paid a fee to look after frail widow Wilhelmina Liburd known to loved ones as “Auntie Em” in late 2006/early 2007.The caregiver agreed to take Mrs Liburd, 98, into her own apartment after the family home on Upland Street was found to be unfit for human habitation.Mrs Hayward denied she had agreed to pay for the care but Mr Chin said he heard nothing during the proceedings to convince him that was the case.The harrowing plight of Mrs Liburd was revealed by this newspaper in September 2007, when her nephew Stephen Woodley and Ms Dawson told of the terrible conditions she was found living in.The National Office for Seniors and the Physically Challenged raised concerns about psychological and emotional abuse and unfit living conditions, which it said constituted a form of elder abuse.Mrs Hayward has never been charged with any criminal offence in connection with the alleged abuse and neglect.Her adoptive mother now lives at King Edward VII Memorial Hospital’s Continuing Care Unit.