A CARE worker filmed residents having mental breakdowns and made them perform before a camera, a court has heard.
Zach Smith, 29, of Sycamore Road in Colchester, committed the offences in January and February of this year at a care home in north Essex.
He was brought before magistrates in September when he admitted two charges of recording an image under clothing to observe another without consent, and one charge of sharing an image of a person in an intimate state intending to cause harm, distress, or humiliation.
Smith appeared before Chelmsford Crown Court for sentencing on Friday, but the case was delayed because he could be facing the wrong charges, the defence said.
Judge Mary Loram agreed she had concerns with how the case was dealt with, saying it has “all the hallmarks of a bit of a mess”.
She added the case may need to be referred back to magistrates so Smith can enter pleas to different charges.
She said: “I am concerned with what is said in his defence statement.
“It says there is quite a lot of material which is not subject to charges brought before the court.
“Multiple videos are referred to, particularly filming patients whilst having mental breakdowns, making them perform before the camera, adults in the bath and on the toilet… and there’s a lot more material out there.
“It’s the sort of material that will make a profound difference to the criminality that will be before the court.
“It is for the crown to put before the court what does justice to the crown’s case, and those affected by it.”
Jack Coyne, mitigating, said: “There may be a charge that accompanies [the offences] but voyeurism isn’t it – I was uncomfortable as to whether the facts fit the charges.”
Judge Loram said the case will be brought back before the court on Friday, December 13 for a mention hearing.
She said: “He’s pleaded guilty and wanted to put his hands up – but he needs to put his hands up to the right thing.”
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