A CARE worker who assaulted a 101-year-old woman in an Evesham nursing home has had her appeal against conviction rejected at Worcester Crown Court.

Angelina Manuel, a 49-year-old former midwife, had been convicted at the city's magistrates court of slapping Elizabeth Woodward, who suffers from advanced senile dementia, as she was being put to bed.

She was alleged to have slapped her victim after she began kicking out while suspended in a lifting hoist.

Her action shocked colleague Kayleigh Palk on the evening shift at the Little Hawthorns home in Church Street on April 12 last year. She reported the incident to senior staff and the police were called in.

Manuel claimed Mrs Woodward, known as Betty, had been calm and quiet and added: "I could not do that to a patient."

But the care worker, of Stalls Farm Road, Droitwich, was found guilty of common assault by Worcester magistrates earlier this year.

Judge David Matthews dismissed her appeal against conviction at Worcester Crown Court. She was given a 12-month conditional discharge.

The judge decided that Manuel need not pay the £452 costs of the appeal because she was sacked from her job and was now unemployed and broke.

He observed that Miss Palk's evidence was "truthful and reliable".

Prosecutor Tim Sapwell said Mrs Woodward was unable to communicate and could be aggressive due to her illness.

Manuel was cleaning her up for the night when the patient began to lash out. Manuel shouted "no Betty" and struck her.

She then held the victim's leg with some force. Photographs produced in court showed a bruise below the knee.

Mr Sapwell added: "Restraint may be necessary at times, but there's no excuse for a blow to be struck."

Giving evidence, Miss Palk said: "I was aware that Betty had kicked Angie in the shoulder or head area. Angie was quite angry and did a back-handed slap to her leg. Then she grasped the leg quite tightly and her fingernails went white.

"I was very shocked because I didn't think anyone would do something like that. You are allowed to protect yourself but not retaliate."

Manuel, who broke down in tears during the hearing, had worked for the home owners, the Shaw Trust, for 12 months.

She insisted that Mrs Woodward had not kicked her and added: "I would never hit a patient. I'm not allowed to. She would easily bruise from a touch."

Julian Harris, defending, said Manual had no previous convictions in Britain or the Philippines, her country of origin.