Carer caught swearing at disabled teen with mental age of an 18-month-old when his taunts were recorded on patient’s Buzz Lightyear toy is cleared of mistreating him

• Thomas Birch is 18 years old but has the mental age of an 18-month-old 
• His Buzz Lightyear toy’s camera captured his carer swearing, a court heard 
• Robert Organ was recorded saying ‘f***ing move or I’ll rip your feet off’ 
• Organ, 33, was today cleared of ill treatment of a person who lacks capacity
• He admitted using the words and apologised for them, but argued that it was clear from his tone that he was not being aggressive towards Thomas

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Robert Organ (pictured), 33, was recorded telling Thomas Birch to ‘stop being a p****’, a court was told

A carer who was recorded swearing at a disabled teenager by a Buzz Lightyear toy has been cleared of mistreating him. 

Thomas Birch, who was 18 but has the mental age of an 18-month-old, kept his VTech Toy Story 3 Kidizoom with him at all times. 

The toy has an in-built video camera and by chance the teen had pushed the record button just before Robert Organ, 33, entered the room, Teesside Crown Court was told.

The toy recorded the whole scene as it sat on a living room table at the Middlesborough care home flat Thomas shared with two other residents. 

It picked up carer Organ saying ‘f***ing move or I’ll rip your feet off’ along with ‘stop being a p***’, the court was told.

He also said of Thomas ‘he’s a f***er’ in a sing-song voice, and at one point Organ said ‘lift your feet up, lazy c***,’ jurors heard. 

Organ denied and was unanimously cleared of one count of ill treatment of a person who lacks capacity just 20 minutes after the jury returned from lunch.

Although he admitted using the words and apologised for them, he argued that it was clear from his tone that he was not being aggressive towards Thomas. 

After walking free, Mr Organ said: ‘Being a care worker is a really hard job, harder than most people realise.

‘If anything this could have been a disciplinary matter that everyone could learn from.

‘But instead I’ve had to wait for 18 months for a criminal case brought against me, it should never have got this far.’

In his original statement to the police he added: ‘I do not believe that Thomas was offended by my stupid comments and I deny any wrongdoing to a criminal standard.’

Organ was recorded by Thomas’ VTech Toy Story 3 Kidizoom, Teesside Crown Court heard

The court heard Thomas’ mother Helen Casey became concerned about her son who appeared upset and would say ‘mummy, home, mummy, home’, when she went in to visit him. 

It was on one of his regular home visits that his mother heard him playing back recordings he’d caught on his toy. 

She then heard the strong language used by Organ, of Redcar, North Yorkshire. 

Ms Casey told the court of her son: ‘He is a very happy child, he’s funny. 

‘Everything in his care is based around fun and laughter. We sing songs and everything is made happy for him. 

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‘He knows if someone is not being nice to him, whether he understands swear words or not, he’s very perceptive. He deserves to be treated with dignity.’ 

Prosecutor Shaun Dodds asked the mother whether ‘she noticed a change’ in her son.

She said: ‘He became more aggressive. It started escalating and he was getting angry quicker. He is having trouble with his sleeping now.’ 

The mother took her son out of Larchfield Community Home following the incidents. 

Ms Casey said her son usually had his Buzz Lightyear device wherever he went and she listened in as he was going through his recordings. 

Asked why he told Thomas ‘stop being a p****’, Organ said: ‘He took a swing at me, I lost where I was and it just came out, I apologise for that’ 

She said: ‘I heard loud voices. There was shouting and swearing. It alarmed and worried me.’ 

The court was told that the teen is heard saying ‘home’ before Organ says: ‘You’re not going home’ on the recording. 

The mother called in the care home and police after seeing the recording on her son’s toy.

On the witness stand Organ said he never intended to upset or offend Thomas by his language.

Asked why he told Thomas ‘stop being a p****’, he said: ‘He took a swing at me, I lost where I was and it just came out, I apologise for that.’

During police interview Organ read out a statement, which said Thomas was ‘demanding and challenging and in the past has assaulted me on a number of occasions’ (pictured: Teesside Crown Court)

While helping Thomas, one of his colleagues began to sing ‘Tommy Tucker, he’s a hooker,’ which Organ continued: ‘He’s a f***er.’

Organ explained: ‘There was no malice in it, I just carried on with the rhyme.’

He was asked by Mr Dodds: ‘Do you think it is appropriate to say that?’ 

He replied: ‘No.’

During police interview he made no reply to questions but read out a statement, which said: ‘He is demanding and challenging and in the past has assaulted me on a number of occasions. He is physically strong and aggressive on occasions.

‘I have never mistreated Thomas or any other service user. I accept my language was not appropriate but at no time did I believe Thomas was neglected or ill treated.’

Defence lawyer Paul Abrahams told the jury that even though Mr Organ’s use of language was misplaced, it did not amount to a criminal act.

He said: ‘You’re not here to sit in judgement of whether it is inappropriate to use bad language. I doubt anyone in this courtroom, especially the defendant, thinks what he said was not inappropriate.

‘But your role is to determine whether this defendant has committed a criminal offence. Do those words amount to Ill treatment?’

He added: ‘In everyday work, people don’t just follow procedures to the letter. People do different things. People develop different strategies.

‘It might not be the best strategy, but it doesn’t amount to ill treatment…bear in mind it (being a carer) is a difficult job.

‘People do make mistakes. Yes his comments were inappropriate. Yes, unprofessional – but, I submit, not the criminal offence of ill treatment.’

Giving evidence at the trial, Mr Organ said his role as a carer was difficult but he enjoyed his work and that he never meant to make the teen feel uncomfortable or threatened.

He said he had to be direct with the teen and would regularly shout and make funny noises when playing with him as that was what he responded to.

He also apologised for the use of his bad language.

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