Caregiver's negligence led to bath drowning

Photo / Herald on Sunday

Kathleen Hesse was left alone in the bath for just five minutes, but it was long enough for the severely disabled woman to drown.

Her caregiver, Tuimatamoana Samita, 48, pleaded guilty to her manslaughter and was sentenced to 400 hours' community service.

Miss Hesse died at North Shore Hospital in Auckland in 2006, two days after the incident which Justice Timothy Brewer described as "criminal negligence".

Samita went to Tonga on a prearranged trip in June 2007 because both of her husband's parents were ill.

She was arrested on her return to New Zealand in January this year.

Justice Brewer said he accepted that Samita did not intend to escape charges when she went to Tonga. He also accepted that, apart from the one act of criminal negligence, her conduct, including doing voluntary work and her efforts to make amends with Miss Hesse's family, was "exemplary".

Miss Hesse lived at a Spectrum Care home for five people with disabilities at Bushlands Park Drive near Albany for 11 years. She had intellectual and physical disabilities caused by cerebral palsy and needed help with feeding, bathing and toileting.

Samita, an experienced caregiver, was aware of Spectrum's policy that Miss Hesse must never be left in the bath unattended. At 8am on November 4, 2006, she left 39-year-old Miss Hesse alone in the bath while answering the door to the home, where she found a former employee who had a query.

Samita returned to Miss Hesse, who was on her front in the bath and fine. Samita went back to the former employee.

Returning to the bathroom five minutes later, she found Miss Hesse on her back, flailing in panic, and her head - which was to be supported while in the bath - was submerged in the small amount of water.

She attempted CPR and told the other employee on duty to contact emergency services. Miss Hesse died after being taken off life-support two days later.

Samita, who has four children aged 10 to 18, worked at the Spectrum home for three years and has previous experience as a caregiver. Spectrum says she was well trained.

Miss Hesse's mother, also called Kathleen, who, like Samita, is originally from Tonga, said she was satisfied with the sentence, "because she's got children".

In a statement read on her behalf, Mrs Hesse, a mother of five, said she had no choice but to put her daughter into care so she could look after her other children.