Former director of a nursing home who abused children – court message: bars have been avoided, but money will have to be given away

When the investigation into child abuse began, the director himself got stuck

Algimantas Liaudaitis, a former member of the Jurbarkas District Municipal Council, director of an orphanage operating in Viešvilė and president of the Association of Directors of Lithuanian Child Care Institutions, arrived in late July.

Upon receiving signals that the Viešvilė halls were being sexually exploited, law enforcement officers launched an investigation. When they began to explore the circumstances, in contact with the children themselves, it became clear how little they believed: the head of the care home could abuse them. In the event of a scandal, A. Liaudaitis lost his position as director and became a suspect.

A. Liaudaitis was accused of committing a series of sexual crimes. After the case was sold to the Jurbarkas District District Court, the former director of the nursing home initially agreed to the allegations, but then began to deny them.

The case was heard in a closed court, where six youth wards were found victims.

In April 2017, the Jurbarkas court convicted A. Liaudaitis under four articles of the Penal Code. He was found guilty of possession of pornographic material, abuse of persons under the age of 16, sexual harassment of ex-pupils and participation of children in a drunken state.

Behind bars he was not sent, he prohibited the purchase and consumption of alcohol

Until then, A. Liaudaitis, who had been convicted for the first time in court, avoided actual imprisonment. He was sentenced by the court to a combined sentence of 3 years and 10 months in prison and suspended for 3 years.

The court also imposed the following punitive measures on the former head of the care home who abused, listened to and harassed the wards and maintained the pornography: not leaving the house after 10pm throughout the sentence. until 6:00 am, if it is not related to work, do not approach the victims within 100 meters, do not contact them in any way, do not seek contact with them, do not visit the places where the victims are, do not consume, do not buy and do not have alcohol.

A. Liaudaitis was ordered to pay a contribution of 753.22 euros to the Victims Fund, he was also prohibited from working in any educational and public or private care institution, to be a tutor or caregiver of other people for five years from the date of entry into force of the sentence.

A. Liaudaitis is obliged to pay 5,000 LTL to his victims, six children. compensation for experiences incurred. And in order for the convicted person to do so, the court applied a restriction to the property rights of his assets and funds.

Worried about his car, he went to the sentencing court

Although the judicial verdict against A. Liaudaitis has been in force for a long time, the courts recently again recalled the scandalously “famous” former director of the Viešvilė orphanage.

In early June of this year, he filed an application with the Jurbarkas Palace of the District Court of Marijampolė and demanded the lifting of the restriction on the right of ownership of his Peugeot 407 car. The man mentioned that he intends to sell the car, To do this, you need to get permission from the court that granted the restriction.

However, the court did not comply with this request from A. Liaudaitis. The order determined that it had not yet compensated the three former wards and that the restriction on property rights could only be lifted once the damages awarded had been reimbursed.

It was also emphasized that five years have not yet passed since the day the sentence came into effect (April 27, 2017), so that the victims have not failed to comply with the legal deadline to present execution orders for forced recovery. of immaterial damages of the convicted A. Liaudaitis.

He complained in the complaint and called excessive “justice”

Liaudaitis did not like this court decision very much, appealed to the Kaunas Regional Court.

In his complaint, he stated that he had compensated not four but four young people who had suffered it. The fact why he didn’t pay $ 5,000. A. Liaudaitis explained that “he is prohibited from communicating with the victims, seeking any contact with the victims, therefore he cannot take any active action to compensate for the damage that has been done to them.”

According to A. Liaudaitis, he received a letter from one of the victims requesting the conclusion of a damages agreement and from May of this year to transfer 50 euros to the specified account.

According to the convict, the district court did not take into account the fact that if the temporary restriction on the ownership of the Peugot 407 was lifted, it could sell the vehicle and transfer the amount of money received to the victim.

The technical inspection of the car ends in 2020. July 10 After this day, the value of the car may drop sharply, because the car will not pass the next technical inspection if it is not repaired and will have to be discarded, “says the ruling of the Regional Court from Kaunas.

In his complaint, A. Liaudaitis did not skimp on profanity not only to those who convicted him, but also to the Jurbarkas court, which did not allow him to sell the car.

“The district court did not delve into the merits of the application and, as in the entire trial, tended to issue a ruling dismissing it. Such “justice” is excessive, it prevents the execution of the sentence, “A. Liaudaitis was outraged without receiving a permit to sell the car.

The money was recovered only after bailiffs intervened.

The Kaunas Regional Court, which examined A. Liaudaitis’s appeal, found that all the damages awarded, 5 thousand. he has paid four former pupils.

Judging by the court ruling, it appears that A. Liaudaitis did this far from his will, but only after the boys introduced themselves to the bailiffs and the forced recovery procedure began. This is confirmed with data from the bailiff information system registry.

“However, the case does not contain any information on the non-pecuniary damage granted to the two remaining victims. It can be seen in the aforementioned registry of the information system of the judicial agents that the persons have not presented to the judicial agents for the execution of the execution orders issued by the court of first instance for compensation for non-pecuniary damage, but the data that A. Liaudaitis would have voluntarily compensated them, and without initiating the execution procedure, the case was also not closed, “declared the Regional Court of Kaunas in the final and final appeal.

Although A. Liaudaitis was added to the complaint only in 2020. May 26 payment order, there is no other evidence that the remainder of the full compensation awarded has been paid.

Will the money for the sold car really go to the victims?

The court that heard the complaint also noted that the execution orders issued to the two young victims could be presented to the bailiffs for execution because the statute of limitations had not yet expired. This can be done within five years after the entry into force of the court decision.

The court declared that A. Liaudaitis has not yet paid 9 thousand. € 500 in damages to two of the six ex-wards he suffered.

They can still present execution orders to the sheriff, who can sell Peugot 407 from A. Liaudaitis. Especially since the value of this car is certainly not greater than the amount that has not yet been paid to victims.

“Although the convict declares that after selling the vehicle he owns, he will use the funds received on the basis of the sale transaction to compensate for the non-pecuniary damage awarded to the victims, in this case the court has no legal instruments to guarantee that the convicted person the funds would be transferred to two victims, “said the Kaunas Regional Court, which rejected A. Liaudaitis’s complaint, in the final and final appeal.