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Health care aide found not guilty
BRYAN MEADOWS
11/04/2009

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A Fort Frances woman has been found not guilty of assault in connection with an incident at a nursing home in March 2008.

Donna Buttera, 46, a health care aide, was acquitted Tuesday of assault and threatening bodily harm at an Ontario Court of Justice trial in Fort Frances.

Justice Thomas McKay said that he had reasonable doubt that injuries noted in the case were attributed to actions by Buttera.

McKay had reserved his decision following a four-day trial last week into reports of an incident at Rainycrest Home for the Aged involving resident Margaret McFayden who has since passed away.

Fort Frances Crown attorney Buster Young said Tuesday that McKay told the court that the bruising on McFayden‘s leg was “ambiguous” as to whether it could be attributed to an assault.

It could be attributed to many things, McKay told the court, Young said.

McKay also found reasonable doubt as to whether Buttera had any intent to harm anyone, in relation to a charge of threatening. The April 8, 2008, incident, said Young, involved Buttera driving by the home of the complainant in the assault case and “flipping her off” (giving her the middle finger).

Buttera still faces a charge of failure to abide by bail conditions.

That will be dealt with in court on Nov. 24, Young said.
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