A Perth aged care worker who pleaded guilty to three counts of ‘indecently dealing with an incapable person’ has been sentenced to two years in prison and is likely to be deported as a result of the conviction.
Kenyan-born James Ng’Ang’A Irungu, 27, worked at various aged care facilities across Perth before the incident occurred in March this year at a site in Claremont. They were captured on CCTV and seen by the victim’s daughter who reported Mr Irungu to police.
He was charged just one day later.
CCTV footage captured the aged care worker placing the older man’s hand on his genitals, including inside his pants. The court heard that when the victim, who has dementia and Parkinson’s disease, tried to move his hand away Mr Irungu moved it back.
The 83-year-old resident has since passed away.
Mr Irungu only arrived in Australia from Kenya in 2023 and was a student at Edith Cowan University.
His defence lawyer, Tony Hager, told the court Irungu had “re[ressed his sexuality” and had a “deep feeling of shame” following the incident. Mr Hager added that his client has struggled with the realisation this is how his homosexuality has been revealed.
Approximately 85% of Kenya’s population is Christian, with Islam as the second-largest religion. Same-sex marriage is banned while sodomy and sexual practices between men are felonies and subject to imprisonment.
Judge Alan Sefton said Mr Irungu’s offence could undermine confidence in staff and the aged care home where it occurred. He said family members of residents place their trust in staff but that was all jeopardised.
“You selfishly betrayed that trust. You were in a position of care,” Judge Sefton said.
Judge Sefton said there was a need for personal deterrence and general deterrence, with a sentence that reflected the seriousness of the offending.
Mr Irungu received sentences of eight months, 12 months and 16 months on the three counts, with sentences on count one and two cumulative, totalling 24 months in jail.
The assailant is eligible for parole, however, it was noted that his visa is likely to be cancelled and he will be deported.
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