A nurse at Swindon’s hospital masturbated in front of a colleague while a patient lay dead in the room, a tribunal heard.

Helder Silva, who was suspended by Great Western Hospital in 2018, has now been handed an interim suspension order by the Nursing and Midwifery Council’s fitness to practice council after a 12 day hearing listened to evidence from his former colleagues.

Silva was not present at the hearing, emailing the NMC in broken English: “I will delete this email to not be bothered. I’m not opening any documents sent by you.”

He added: “I’m happy and working in Portugal for the last 18 months and that is the best prove [sic] that I was fit to return to work...I will never work in UK again.”

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Great Western Hospital Picture: DAVE COX

Vile acts

The panel found 24 charges against Silva proven. The allegations, including that he had performed sex acts in front of five staff members, had sent them filthy messages and pawed one in a storage cupboard, related to when he was working as a band five nurse on Meldon ward at GWH – then a specialist bowel ward.

In the summer of 2017, he asked a colleague if she could make a bed with him. She told the panel: “He shut the room and drew the curtain and then he got his [genitals] out and started trying to play with himself and asked if I want to play or watch him.” A dead patient was in the room while he carried out the sick game.

The same victim said she had been in a linen cupboard when Silva blocked her exit, ejaculated into a towel then thew it at her. The towel had been thrown as if to say “you clean up”, she told the panel. He also sent her filthy messages and, when asked to stop, would not give handover information about patients or provide assistance on the wards when she asked him to.

Other colleagues of Silva’s were subjected to vile text and social media messages.

He asked one woman while they were at work to get a syringe and put it up his bottom. The same woman said she would receive video calls from Silva that, when answered, would show the nurse masturbating in the staff toilets.

Another colleague, an assistant practitioner, was told: “I want you to be my mistress and I want you to tell me what you would do to me, I want to pee in a cup for you to tell me to throw it over me.” In another message he said he would be “wearing a red thong tonight at work”.

A healthcare assistant said she had been on a nightshift with Silva in around May 2017 when he asked her to sit in a room while he performed a sex act on himself.

The allegations came to light in early 2018. He was hauled in for interview by his bosses at GWH in March that year, a month after he was suspended from work. He told the interviewer his colleagues should have been strong enough to rebuff his advances if they did not like him. He said he had merely been “flirting” and suggested the women who had made complaints about him had ganged up on him. That claim was discounted by the panel.

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Nurse 'targeted weaker colleagues'

Recommending Silva was struck off and giving him an 18 month interim suspension order, the panel said: “Mr Silva used his position of trust that staff had in him to target both ‘weak’ and vulnerable colleagues for his own sexual gratification, knowing that he was well-regarded and respected of the trust.”

He was accused of showing no respect for his female colleagues, blaming them for “not being strong enough” to rebuff his advances. He had shown no insight or remorse.

The panel said in a written ruling: “The panel was of the view that Mr Silva’s continuing absence of insight demonstrates why he felt able to continue this behaviour over many years and there is nothing to suggest he would stop his behaviour if he were given the opportunity to continue his career in nursing.

“It is the view of the panel that Mr Silva will continue to pose a serious risk to any future female colleagues.”

The panel said the NMC should contact the nursing authorities in Portugal.

GWH reacts to case

In a statement, a spokeswoman for Great Western Hospitals NHS Foundation Trust said: “As soon as we were made aware of the allegations we immediately suspended Mr Da Silva and alerted the Nursing and Midwifery Council and police. Thanks to the staff who shared their experiences, we were able to act quickly, and Mr Da Silva was dismissed from the Trust over two years ago following our own investigation.

“We have since been working with the Nursing and Midwifery Council to assist with their investigation and continue to support staff involved in this case.

“We have a strong culture of openness across the Trust and encourage staff to speak up should they ever have any concerns or experience inappropriate behaviour.”