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A care worker has been sent to prison for 12 months for "appalling" mockery and ill-treatment of a disabled teenage girl – including taking her wheelchair and forcing her to eat until she was sick.
Joanna De Mata Viana Martins (42) yesterday became the first person to be sentenced for an offence under Jersey’s Capacity and Self-Determination Law, which is designed to give greater protection to the islands most vulnerable residents.
The case came to the attention of the authorities on 27 September 2022 when the Safeguarding Adults Team received a referral about possible mistreatment of the victim, who has several conditions including a learning difficulty meaning that she requires 24-hour care.
A multiagency meeting was held, and key partners, including members of the Learning Disability Team, worked together to ensure the victim’s safety and wellbeing.
Martins was charged on 2 June 2023 in relation to what the States police described as “deeply concerning behaviour” and a three-day trial took place in February.
Crown Advocate Luke Sette, prosecuting, laid out the sequence of events during sentencing in the Royal Court yesterday.
Pictured: Martins was sentenced in the Royal Court yesterday.
He said that on the morning of 10 August 2022 the woman had been shouting and getting upset and the care worker who was with her phoned Martins to ask for help.
A witness described Martins and the disabled woman shouting and screaming at each other “for approximately half-an-hour” and explained that the defendant had then taken her wheelchair – which left the care worker “gobsmacked”.
The disabled woman lay on her side and shuffled her way towards the kitchen, the court heard, before Martins nudged her with her own foot towards her bedroom.
Crown Advocate Sette said that the second incident took place on the evening of 5 September, when another care worker arrived to begin her shift and found Martins and the disabled woman having dinner.
The disabled woman said she was feeling sick and was going to vomit, but Martins threatened to take her to hospital if she stopped eating.
“She hated going to hospital, as it really stressed her,” Crown Advocate Sette explained. The disabled woman then vomited onto her plate, the court was told.
Martins continued to deny the allegations, claiming that the two witnesses had invented the events, but was found guilty of two counts of ill-treatment/wilful neglect following a
Crown Advocate Sette recommended a one-year jail sentence.
Advocate Rui Tremoceiro, defending, said Martins denied all the allegations except the withholding of the woman’s wheelchair.
He explained: “She had been using the wheelchair erratically, and even ran over the defendant’s foot.
“She could and would crawl in other circumstances of her own free will.”
Addressing the shouting and screaming, he said: “The defendant was not mimicking or mocking the client.
"She was trying to show her what her behaviour looked like to others.”
And he added that the woman’s mother had given evidence at the trial and had “nothing negative to say about the defendant”.
Commissioner Alan Binnington said the Jurats were taking into account Martins’s previous good character and the letters of support praising her but said prison was unavoidable.
He told her: “As a team leader you had a duty to set an example, and you were far removed from that.”
The Jurats sitting were Jane Ronge and Steven Austin-Vautier.
Following the sentencing, investigating officer Detective Sergeant Martin Davies said: "This is an appalling crime, whereby Joana Martins, abused the victim who was a vulnerable young female who relied on her for care.
"The States of Jersey Police remain committed to protecting the rights and dignity of all individuals, especially the most vulnerable members of our community.
"This conviction serves as a testament to our unwavering dedication to upholding the law and ensuring that justice is served.“
The Safeguarding Adults Team, a dedicated unit within Adult Social Services, acts promptly on reports of abuse or neglect involving adults with care and support needs. The public is encouraged to report any concerns to the Single Point of Referral (SPOR) at 01534 444440.
Other support services available to help islanders include:
SARC at Dewberry House provides expert independent and confidential support to victims of sexual abuse. Tel: 01534 888222.
Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Confidential helpline: 01534 482800.
Freeda (formerly Jersey Women’s Refuge) offer help and support for victims of domestic abuse. Tel: 0800 7356836.
Jersey Domestic Abuse Support (JDAS) is an independent service developed to protect and support victims of domestic and sexual abuse. Tel: 01534 880505.
Victim Support offer free and confidential advice to victims of crime. Tel: 01534 440496.
Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612.
Samaritans offer a confidential and non-judgemental listening ear to people who need to talk. Tel: 116 123 free from any phone or 0330 094 5717 (local call charges apply).
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