A nurse who was attacked a by a student that claimed they were spiked has been left 'speechless' after the charges were dropped. Jean Cooney, 40, says she fears the verdict will lead to an 'open season' of people making similar pleas to avoid criminal charges.
Liverpool Crown Court heard that Catherine Louise McSorley, 20, attacked Cooney, a paramedic and police officer during her spree of violence. The incident occurred in Liverpool back in 2021 when a female paramedic was punched by the defendant after being called to assist after she jumped from a window at her student accommodation.
McSorley then attacked Ms Cooney with an IV stand after being taken to A&E on the evening of September 11, 2021. The Liverpool Echo reports that the assault left the health care worker with bruising and pain.
As security and other staff attempted to restrain Miss McSorley, PC Sasha Palmer came to assist and was punched to the face multiple times. This attack caused the officer to have her contact lens dislodged and lead to swelling and reddening.
Michael Scholes, representing the Crown Prosecution Service (CPS), formally offered no evidence to support three charges of assaulting an emergency worker. This then lead to the charges being dropped against the defendant.
Speaking after the ruling, Ms Cooney said: "I am actually speechless. That's just opened a big can of worms now for everyone that's assaulted emergency workers to appeal it and say well actually I could have been spiked.
"Just say you were spiked, refuse bloods because it leaves your system in 12 hours. Honestly I am livid. It's not good is it, we go into this job to help people not to be attacked at work.
"I don't understand why it was not left to a jury to decide."
The 40-year-old claims she learned about the decision in a briefing with the CPS, and was told there was no choice but to drop the case. It is reported that the decision followed a direction, by Judge Anil Murray, that the burden fell on the CPS to prove Miss McSorley had not been spiked.
This came after her legal team provided statements from her friends describing a sudden change in her behaviour while they were out at a pub watching a Gaelic Football game. The court heard she was taken home but became paranoid and delusional, and jumped from the first floor window of her flat in Mount Pleasant.
It is reported that no blood tests were taken at the time Miss McSorley was arrested or treated in hospital. It is also alleged that there were no witnesses who could prove or disprove that a substance had been placed into her drink.
The court heard that when interviewed, the student said she had very little memory and believed her drink may have been spiked. Meanwhile, witness statements from her friends and her mum said she was of good character and had never acted in that way before
Mr Scholes said: "At some point that afternoon she left her drink unattended in a pub. When she returned she had a drink of it and her behaviour became increasingly bizarre.
"There is a significant amount of material that points very clearly to the fact that Miss McSorley was a victim of spiking."
Judge Murray said: “We know there is a recent campaign about spiking which is becoming more prevalent. There seems to be clear evidence in this case that she was spiked and therefore acted in a way and wasn’t culpable for her actions.”
Discharging Miss McSorley from the dock he suggested: “You need to take more care in future and not leave your drinks unattended.”
Tony Fairclough, chairman of the Merseyside Police Federation, blasted the outcome. He said: "The federation has worked hard over the years to change the narrative and say that being assaulted is never part of the job - all attacks must be taken seriously.
"With the Home Office and the National Police Wellbeing Service on the same page, it is deeply frustrating the message is not being filtered down to those who are supposed to be delivering justice – or it is being disregarded. Police officers who have been the victim of an assault, are victims.
"Underneath their uniforms they are husbands, wives, sons and daughters who go back home at the end of their shifts. All too often they are left feeling failed and disrespected as a result of some appalling decisions made by the courts and Crown Prosecution Service.
"What we need to see is courts setting a good example and sending the right messages to the public to act as a deterrent and help reduce reoffending."
After the hearing, Miss McSorley declined to comment on the incident. However, she confirmed that she had shut down her Facebook account because of the number of comments her case had attracted.
She is still continuing her university course in the city. Meanwhile, the Liverpool Echo have contacted the Crown Prosecution Service for comment.
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