A nursing assistant told a court yesterday that the "inhumane treatment" by relatives of alleged elder abuse victim "Auntie Em" gave her the courage to rescue the partially-blind great-grandmother.

Yvonne Dawson said she took Wilhelmina Liburd, who is now 98, into her own home in Somerset because of the state of the house where the senior was living with her adopted daughter Rosamund Hayward and other family members.

She is suing administrative assistant Mrs. Hayward for $25,000 in unpaid fees for the 24-hour care she provided over a period of six months during late 2006/early 2007. But Mrs. Hayward's lawyer Ray DeSilva told Magistrates' Court yesterday that no financial agreement was ever reached between his client and the nursing assistant — so the claim should be dismissed.

Ms Dawson launched her civil case in early 2008 but it was adjourned at the end of that year and only resumed this week. Both sides gave closing remarks to Magistrate Tyrone Chin yesterday and he reserved judgment until next month.

The Royal Gazette revealed in 2007 how Auntie Em was removed from her roach and rodent infested family home on Upland Street, Devonshire, at the end of 2006, after it was declared not fit for human habitation.

Ms Dawson claimed at the time that she found roaches crawling across the desperately frail woman's skin and over her food and described the situation as "a human disgrace".

Mrs. Hayward was recommended by the National Office for Seniors and the Physically Challenged (NOSPC) to carry out a series of improvements to the property so that her mother could move back home.

NOSPC case manager Dennika Williams wrote to Mrs. Hayward in February 2007 to say there was "much concern over Mrs. Liburd returning to her home to endure both psychological and emotional abuse, and also the recurrence of the residence returning to an uninhabitable state after renovations".

She added: "These concerns constitute a form of elder abuse."

Mrs. Liburd, who is known as Auntie Em to loved ones, has never returned home. She was admitted to hospital in May 2007 and had part of a leg amputated due to gangrene. She has been cared for ever since at King Edward VII Memorial Hospital's Continuing Care Unit.

Mr. DeSilva said yesterday that Mrs. Hayward completed work on the Upland Street house in February 2007. He said the decision not to move Mrs. Liburd back there was taken by the senior's nephew, Stephen Woodley, who has power of attorney for his aunt.

"If Ms Dawson wants to be paid, we say the other contracting party, if there is any, is Mr. Woodley," he said. "If anyone has financial responsibility it has been Mr. Woodley, running up a bill that neither he nor Mrs. Liburd had the resources to pay."

He told the court that on the evidence of Ms Williams and former NOSPC manager Melvin Dickinson — who appeared as defence witnesses — there was no agreement for Mrs. Hayward to pay fees to Ms Dawson.

"They are independent third parties who have no vested interest or connection with either of the sides," he said.

Mr. DeSilva said Ms Dawson had tried to focus the case on "unsupported" allegations of physical neglect, as opposed to financial responsibilities. Accusing the plaintiff of "over-egging the mixture", he said her claim for $25,000 was "not only unreasonable but legally unenforceable".

Ms Dawson told the court she had an agreement with Mrs. Hayward and Mr. Woodley to care for Mrs. Liburd and had fulfilled all that was required of her. "I'm not here seeking profit or gain," she said. "I felt that I had done all that can be possible out of my heart without any support from Mrs. Hayward and her family in regards to nursing Mrs. Liburd back to good health."