Caregiver's case returns to court today
A nursing assistant who took alleged elder abuse victim "Auntie Em" into her own home will today aim to persuade a magistrate that the senior's adopted daughter owes her $25,000.
Yvonne Dawson launched her civil claim against Rosamund Hayward in early 2008 but the case was adjourned at the end of that year and only resumed yesterday at Magistrates' Court.
It should conclude this morning when Ms Dawson, representing herself, sums up why she believes she had a contract with Mrs. Hayward to look after nonagenarian Wilhelmina Liburd and is owed the money in unpaid caregiving fees.
Mrs. Hayward disputes the claim and her lawyer, Ray DeSilva, will also have the opportunity to give closing comments to Magistrate Tyrone Chin.
At the end of yesterday's hearing, Mr. Chin told both sides: "The avenue for negotiations isn't finished yet, even at this eleventh hour, because I haven't closed this matter and I haven't given my judgement. At that point, all bets are off. Don't think you can't negotiate [now]."
The Royal Gazette revealed in September 2007 how near-blind Mrs. Liburd, known as Auntie Em to her family, was removed from her Devonshire home, where she lived with Mrs. Hayward and other family members.
The National Office for Seniors and the Physically Challenged had investigated and raised concerns about suspected elder abuse and environmental health officers declared the filthy, cluttered, roach and rodent infested Upland Street property unfit for human habitation. Ms Dawson took Auntie Em into her own Somerset home for several months while improvements were made to the house. The frail widow was later admitted to hospital and had part of her leg amputated due to gangrene.
Yesterday, Ms Dawson cross-examined Mrs. Hayward, who was still under oath from when she gave evidence in the case in December 2008.
The latter denied that she received a letter from government officers advising her that the property was uninhabitable.
And she insisted she did not, as suggested by Ms Dawson, badger and threaten her mother by claiming the house belonged to her. Mrs. Hayward said she could not recall a doctor coming to the house and saying that Mrs. Liburd was underweight and needed properly caring for.
Now aged 98, Auntie Em has never returned to the Upland Street home she once shared with her late husband.