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Eight cleared of wilful neglect of pensioner
Eight carers or nurses were today cleared of wilfully neglecting
an 84-year-old woman at a residential home after the prosecution
dropped the case.
Gladys Thomas was found to be suffering from a fractured collar
bone and rib, and extensive bruising, when she was admitted to
hospital in October 2005.
She also had a ligature mark around one of her forearms, the width
of the lead of a plug.
Miss Thomas had been living at the Bryngwyn Mountleigh Nursing
Home in Newbridge, for just over a month when her
injuries were discovered by staff at the Royal Gwent Hospital.
She died eight days later.
After nearly three weeks of evidence at Newport Crown Court, the
Crown Prosecution Service announced they would not be seeking
guilty verdicts for any of the defendants.
The decision allowed Evan Green, 35, of Fairwater, Cwmbran; John
Sunday Ajewole, 53, of Victoria Terrace, Newbridge; Ebeneezer
Ajiwe, 48, of Woodland Terrace, Abercarn; Peter John Booth, 35, of
Penyfan Close, Newbridge; Tahir Hayat, 30, of Coldra Road,
Newport; Angela Johnson, 37, of Hector Avenue, Crumlin; Shibu
Joseph, 32, of Gaer Park Drive, Newport; and Debra Richards, 45,
of Brynawel, Bedwas, to walk free from court.
John Barry Alder, a qualified nurse at the home, has already
pleaded guilty to neglect on the basis of not administering Miss
Thomas the correct medication.
Gerard Elias QC, prosecuting, said: "The Crown has given anxious
consideration to all the evidence given in this case and to the
evidence of experts on all sides still to come.
"We have had detailed discussion with our own experts. In the
result, the Crown has decided that it will not seek guilty
verdicts against any of these defendants on the charge which they
face - namely wilful neglect.
"The case as originally investigated involved the allegations of
abuse or neglect stemming from fractures to the clavicle and rib
with bruising to various areas of the body and was suggestive of a
number of separate episodes of trauma with bruising apparent
within the usual time frame.
"The evidence and information now available suggests that it is
possible that one episode of trauma caused the fractures and that
the bruising is a direct results of the fractures and not of
additional episodes of trauma to the body.
"Further, and importantly, expert opinion cannot say when the
bruising which resulted from the fractures would have become
apparent as a warning sign that something was wrong internally.
"Also, the skin deep" nature of the bruising means that, in
itself, it is unlikely to have caused Gladys Thomas any additional
pain or suffering.
He added: "On the current state of the evidence and information,
we do not think that we can realistically invite a jury to
conclude that they can be sure in an individual case that this is
proved.
"It may be possible to construct cases of neglect against some of
these defendants based upon the evidence which the jury has heard
and we have considered the position of each defendant with care.
"We have also borne in mind our duty of fairness to the defendants
and the justice of the case.
"In the result we have taken the view that the failings
established, if they be such, may seriously reflect upon the
inadequacies of the regime at the home but do not impact directly
upon the care afforded to Gladys Thomas in the sense of reflecting
the concerns which prompted the original investigation and trial
of this matter.
1:17pm Monday 12th May 2008
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