Pair accused over their treatment of a patient 'lacking in capacity' at Craigavon Hospital are to face a Crown Court trial
Both defendants appeared before Craigavon Magistrates Court for a Preliminary Enquiry – the legal step in sending a case to Crown Court.
Marta Bielah-Lukasik, aged 45, from Carnreagh Park, Craigavon faces a charge of ill treating a man lacking capacity while he was in her care between August 2 and August 5, 2022.
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Talmia Tomy, aged 33, from Princess Way, Portadown, is facing a charge of wilfully neglecting the same patient in her care who was receiving treatment for a mental disorder on Ward 3 South at Craigavon Area Hospital on dates between August 2, 2022 and August 5, 2022.
A prosecutor submitted that there is a prima facie case based on the papers before the court.
Barrister Ms Grainne McAnaney, instructed by Thompsons NI, representing Tomy and barrister Mr Conor Lunny, instructed by McCourt McGlone, representing Bielah-Lukasik, said they had no contrary submissions.
District Judge Michael Ranaghan said he believed there was a prima facie case.
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Hide AdNeither defendant wanted to say anything in relation to the charges put to them.
Both were returned for trial to Craigavon Crown Court on March 20, 2025 for arraignment.
District Judge Ranaghan released both defendants on court bail of £500.
Mr Lunny, in applying for legal aid for his client Bielah-Lukasik, said his client had been working via a temping agency in a local factory but “regretably you will see a letter informing her of her termination last week”.
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Hide Ad"Her last day is in a fortnight’s time and then, effectively, she will be unemployed,” said the barrister, adding that given the seriousness of the charge he felt it would warrant legal aid.
District Judge Ranaghan asked if the pair’s ‘regulator’ had taken action. Mr Lunny said his client had left that type of work voluntarily.
"The reason I raise this is that it makes legal aid all the more important as it is likely both will lose their employment, even on an interim basis, given the involvement of a regulator in this case,” he said.
Tomy’s barrister said her client is still receiving “full pay” although she is currently “off on sick”.
The district judge granted legal aid for both defendants.