Minister steps in to protect senior
A 75-year-old woman has been placed under a protection order due to allegations that two younger men moved into her home and abused her.
A judge issued the order this week — the first of its kind under the new Senior Abuse Register Act 2008 — after Cabinet Minister Dale Butler ordered the National Office for Seniors and the Physically Challenged (NOSPC) to explore every legal avenue to protect the vulnerable senior.
Social workers are investigating claims that the woman, who is understood to have the mental age of a child, suffered physical and sexual abuse at the hands of her alleged tormentors, as well as financial exploitation.
Questions were raised last night about how long the authorities have been aware of the woman's situation and why Police, according to Mr. Butler, told the NOSPC that they were unable to do anything.
Yesterday, the younger of the two men strenuously denied allegations of abuse when The Royal Gazette visited his home – but he admitted he had been banned from the property twice and owed the senior $10,000.
Mr. Butler told The Royal Gazette he was forced to call an emergency meeting on Monday after shocking new evidence about the case was presented to him.
He revealed that there were claims of financial mismanagement, physical abuse and "even other questions with regard to sexual abuse".
Mr. Butler, whose ministerial responsibilities include seniors, said he was so "incensed" by the information he wished he could have stepped in personally to save the woman, whom this newspaper is not identifying, but realised Government had to follow a legal route.
"Legally, we can't go in and take a person out," he said on Monday. "It's a difficult case. I'd like to step in but I have to step in in a legal way. I personally feel it's an emergency situation.
"I don't think we have done enough. While we have been told by a Police officer who consulted with his superior that there is nothing we can do, I haven't accepted that."
He updated this newspaper on Tuesday, telling us that the NOSPC had obtained a protection order from a judge after the case was referred to the Attorney General's Chambers at his insistence.
"We have received a court order which has taken certain action to protect the individual concerned and bans the two individuals from going to her home," he said.
Mr. Butler added that a social worker had visited the woman to determine what further help was needed. "We are doing our job with regard to due diligence to ensure that her safety and needs are being met."
This newspaper understands that the NOSPC's investigation centres around allegations that the two men — one aged 45 and the other in his 50s or 60s — moved into the woman's home on the pretext of looking after her and maintaining the property.
Instead, it is claimed, they subjected her to slaps in the face, exposed her to pornographic films and bullied her into handing over money.
The older man is understood to have obtained power of attorney for the well-off senior, who has no family here and has come to rely on him.
He is alleged to have used that authority to obtain money from her for him and the younger man.
A source told this newspaper that social workers from the NOSPC discovered photographs of the woman naked and watching porn at the property.
The source said the photos were passed to Police who decided no action could be taken as the alleged victim — who the source described as a "slow learner" — did not wish to make a complaint.
Mr. Butler said he was unhappy with the Police's response, which was why he challenged his own staff at the NOSPC to explore other avenues.
A Bermuda Police Service spokesman said last night: "I can say that a report has been made to the Police and that we are actively looking into it."
Opposition MP Louise Jackson was made aware of the woman's situation in summer 2007 and immediately made a complaint to the National Office for Seniors and the Police.
An earlier complaint is understood to have already been made by someone else.
Earlier this month, after being informed that the alleged abuse continued, she made further calls to the NOSPC. Last night, Mrs. Jackson questioned why action wasn't taken sooner by the NOSPC and the Police.
"Everybody went in, took a look and said: 'oh, that's too bad, we can't do anything'," she claimed.
The Shadow Minister for Health and Seniors said the NOSPC was repeating the mistakes it made in the case of alleged elder abuse victim "Auntie Em", despite the fact that a new law aimed at giving social workers more "teeth" came into effect in March.
The Royal Gazette revealed a year ago how near-blind Auntie Em was only removed from an allegedly abusive situation when a caregiver offered to take her in.
"The National Office made the same mistakes with Auntie Em but now there is no excuse," said Mrs. Jackson. "Nothing is done until they are pushed into it."
NOSPC manager Melvin Dickinson, who was recently appointed the new Senior Abuse Registrar, confirmed that a protection order had been granted and an investigation was under way. The purpose of the investigation, he added, was to determine whether a prosecution could be brought against anyone under the new elder abuse law.
Abusers prosecuted under the Senior Abuse Register Act can face a $10,000 fine, three years in jail or both if convicted.
Dr. Dickinson would not comment on how long the NOSPC has been aware of the case or the Police's response.
"I think everybody needs to understand that everything that happens in abuse is always alleged unless it's proven in a court of law," he said.
"I'm not going to talk about anything because it's a government investigation but you can rest assured that we are pursuing this.
"The Minister put his foot down vigorously and we are pursuing this vigorously.
"There is abuse in Bermuda but it's a new day and we have an act. The Minister alluded to that. He is not just prepared to let it lie. If people are abusing seniors we want to ensure that those people are punished.
"On the flip side, if people are being vindictive (by alleging abuse) we want to make sure that they get their just due as well."
* If you think you know something about this case or know a senior whom you suspect is being abused call the NOSPC on 292 7802.