A Wolverhampton carer accused of manslaughter after a vulnerable man choked to death on oversized pancake pieces told jurors he did not have a ruler to measure the food and that doing so was not part of his job description.
Court hears evidence on food measurement
Christopher Bennett, 34, of Bunkers Hill Lane, Wolverhampton, is on trial at Wolverhampton Crown Court for the manslaughter of Thomas Cowley, 40, who died on February 23, 2023, at a care home in Leverton Rise. Mr Cowley had a restrictive diet requiring all food to be cut into pieces no larger than 1.5cm by 1.5cm due to a high choking risk.
Giving evidence on Monday, July 20, Bennett denied consistently measuring food pieces incorrectly, saying he relied on visual checks and the advice to use fork prongs as a guide. When prosecutor Tom Walkling KC asked why he did not use a ruler, Bennett replied: 'That was not part of my job description to get a ruler.'
Prosecution alleges failure of duty
Mr Walkling put it to Bennett: 'You had responsibility for making sure that Mr Cowley had pieces of food no bigger than 1.5cm and you failed in that responsibility, didn't you?' Bennett responded that at the time he did not think he had failed, but admitted in hindsight the pieces were not compliant.
The court heard that Mr Cowley had health conditions and challenging behaviour, requiring 24-hour care. A speech and language therapist recommended the strict diet in January 2023 after choking became a significant risk. Bennett, a team leader employed by Lifeways Community Care Ltd since 2016, said he had prepared or supervised Mr Cowley's meals hundreds or even thousands of times.
Details of the fatal incident
On the day of his death, Mr Cowley ate Weetabix for breakfast and later requested pancakes, made from leftover Shrove Tuesday mix. Bennett supervised him but briefly turned away to get his phone, estimating his back was turned for about four seconds. He then saw Mr Cowley with a handful of pancake pieces, shouted at him to spit them out, but Mr Cowley swallowed. Bennett administered back slaps, the Heimlich manoeuvre, and chest compressions, but Mr Cowley died at the scene.
A photograph of leftover pancake taken after the incident showed pieces larger than 1.5cm. Bennett said he believed they were correct based on a visual check and the fork prong method advised by the speech and language therapy team. He added that the team had not provided measuring tools.
Defendant denies overall responsibility
Bennett accepted he was team leader but denied overall responsibility for Mr Cowley's care. He agreed that cramming and choking was a matter of life and death but argued this only applied when Mr Cowley exhibited extreme behaviours. The prosecutor countered that the risk was constant.
Bennett also noted an email from the speech and language therapy team on February 9, 2023, expressing concern that not all staff understood what bite-sized pieces meant. He said he requested a face-to-face meeting to clarify.
Bennett denies one count of manslaughter and one count of ill treatment or wilful neglect by a care worker. The trial continues.
