Jury Acquits Care Worker in Pancake Choking Death
Christopher Bennett, 40, has been unanimously acquitted of manslaughter and ill treatment by a care worker following the death of Thomas Cowley, who choked on 'oversized' pancake pieces at a Wolverhampton care home. The jury at Wolverhampton Crown Court reached its verdict after one hour and ten minutes of deliberation on Tuesday, July 21.
Mr Cowley, also 40, was a 'vulnerable' man with multiple health conditions who required 24-hour care. He was on a strict diet recommended by a speech and language therapist in January 2023, requiring his food to be cut into pieces no larger than 1.5cm by 1.5cm due to the high risk of choking.
Prosecution Allegations
The prosecution argued that Bennett allowed Mr Cowley to eat unsuitably large pancake pieces and made a 'deliberate decision to leave Mr Cowley alone' despite his supervisory responsibilities. However, Bennett claimed he turned his back for 'less than ten seconds' to retrieve his phone and immediately intervened when he saw Mr Cowley in distress.
Bennett testified that he administered back slaps and the Heimlich manoeuvre to clear Mr Cowley's airways, but both were unsuccessful. Paramedics were called, but Mr Cowley was pronounced dead on February 23, 2023, two days after Shrove Tuesday.
Judge's Remarks
After the verdict, Mr Justice Choudhury KC thanked the jury and addressed prosecutor Tom Walkling KC, stating: 'These are difficult cases but those making decisions to prosecute must really keep in mind the importance of understanding the difference between negligence and crime, the importance of understanding what is truly, exceptionally bad and reprehensible.' He added: 'I fear, the wrong decision has been made.'
During the trial, the court heard that Mr Cowley lived at a privately-owned property for adults requiring care on Leverton Rise, Wolverhampton. His 'challenging behaviour' and lack of capacity to appreciate choking risks necessitated constant supervision during meals.
Evidence and Defence
Bennett said he followed advice by using fork prongs to measure food pieces and relied on 'visual checks' to ensure compliance. He denied consistently measuring pieces incorrectly. Area manager Cherilyn Ghannem, 54, who was initially charged with perverting the course of justice for allegedly throwing away the pancake pieces, had the charge dropped, and the jury was directed to return a not guilty verdict.
The case has raised questions about the prosecution's understanding of negligence versus criminal conduct in care settings.
