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Aberdeenshire nursery workers deny assaulting ‘disruptive’ four-year-old boy

Joseph Picker and Stacey Kerr insist they were trying to restrain the boy to stop him from hitting and biting other children.

Joseph Picker and Stacey Kerr are on trial at Aberdeen Sheriff Court.
Joseph Picker and Stacey Kerr are on trial at Aberdeen Sheriff Court.

Two nursery workers accused of assaulting a four-year-old boy in their care have given evidence at their trial in Aberdeen.

Joseph Picker and Stacey Kerr are both accused of assaulting the child at a nursery in Aberdeenshire in 2021.

Police became involved after a manager reviewed CCTV footage from inside the nursery, which cannot be identified for legal reasons.

Picker, 36, and Kerr, 30, – who both deny assaulting the boy between April and July 2021 – were suspended from the nursery and a police investigation was launched.

Now working in retail, Kerr told the court that the child had been disruptive from his first day at the nursery and would spit and bite others.

Bad behaviour

Kerr’s defence solicitor, Christopher Maitland, asked her to describe the boy’s typical day-to-day behaviour.

She replied: “He would hit other children, bite them, throw toys, push other children or pinch people.”

The court heard how Kerr, of Balgangask Avenue, and Picker developed a “strategy” for dealing with the boy and it included taking him to “the spot” where he would be kept isolated from other children.

Kerr described using “gentle pressure” when holding the boy, adding: “He would calm down quicker. It was like a gentle hug.”

Video footage from cameras inside the nursery was played to the court.

On several occasions, Kerr was seen to be sitting with the boy either between her legs or lying on the floor with her legs over him preventing him from getting up.

Restrained on floor

Mr Maitland asked what had prompted one of these sessions, she replied: “He spat at me. I lay him down because he was still agitated.”

Under cross-examination from fiscal depute Alan Townsend, Kerr was asked: “Let’s make no bones about it. You became frustrated with this child and developed a strategy that was punishing him in an overly aggressive and unreasonable way – as has been demonstrated by the CCTV footage.”

“No,” replied Kerr.

Mr Townsend also asked Kerr if she had accepted there was a ‘no restraining’ policy in place at the school.

“No,” she replied.

He referred to part of the footage which shows the child throwing what appears to be a small plastic ball, similar in size to a table tennis ball, at Kerr.

Kerr is seen to turn and pick the boy up, taking him to the “spot” and pinning him to the floor.

‘It was simple child’s play’

Mr Townsend said: “It was simple child’s play, but you punish him because you are fed up with him.”

Kerr answered: “No, not at all. He threw a toy, it could have hurt another child.”

Mr Townsend went on: “You drag him quite roughly.”

“No,” said Kerr.

The fiscal continued: “You act in an overly aggressive way and restrain him. Are you saying this is justified?”

Kerr said: “I am trying to calm him down.”

‘I was calming him down’

Mr Townsend said: “You were punishing this child and were being overly rough with him.

“This strategy you devised to calm him down is demonstratively not working.

“He becomes more upset. He is screaming when you are pinning him down. It makes him more and more upset and distressed.”

Kerr repeated: “I was calming him down.”

The court previously heard how the nursery staff pinned down a four-year-old boy more than once as he screamed to be let go.

The nursery manager previously told the court there was a no restraining policy in place and all staff were instructed about this when they started.

‘I was covered in bruises’

Joseph Picker, of Holburn Street, also gave evidence and told the court the boy would hit, bite and pinch other children and throw toys around.

He said the boy would lash out at staff and his arms had been “covered in bruises” on one occasion.

His defence solicitor Ian Woodward-Nutt asked if he had been aware of the ‘no restraining’ policy.

Picker replied: “It had said to try and avoid lifting children. In some circumstances we needed to restrain him. It was recommended that you keep the back flat on the ground.”

Mr Woodward-Nutt asked if the management were aware of the techniques being used by himself and Kerr.

“Yes, it’s not as if I was hiding it. I knew where the [CCTV] blackspots were and I never went there,” he said.

Mr Woodward Nutt asked if he felt he had made a mistake, Kerr answered: “If I could jump in a time machine, I would not have done that.

“It is not a pleasant feeling when I look back on the footage.”

The mother of the child previously gave evidence and wept as CCTV footage was played to the court of her child being restrained by Kerr and Picker.

The trial, being heard by Sheriff Phillip Mann, continues.