Two cleared in Newbridge care home death appeal (From South Wales Argus)

Two cleared in Newbridge care home death appeal

2:20pm Thursday 10th December 2009

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A CARE manager and GP convicted after the death of a Gwent dementia sufferer were cleared by the Court of Appeal yesterday.

Alan Sayers, 53, needed round-the-clock care at Mountleigh Care Home, Newbridge, but died alone in bed in the early hours of September 27, 2004.

Care manager, Enda Evans, 58, was convicted of wilful neglect, following a trial at Newport Crown Court in November 2008.

GP, Sushma Ojha, 46, was found guilty of making false representations on her cremation certificate, which she signed after Mr Sayers' body was found.

Both had their convictions quashed by Court of Appeal judges.

Mrs Evans, of Glyn Derwen, Caerphilly, received a conditional discharge and Dr Ojha was fined £2 after the trial.

Mrs Evans was on holiday when Mr Sayers died, but was prosecuted because she had responsibility for his care, setting the rota to ensure he got 24-hour care.

But the system broke down and he was left alone at times on the night he died.

Lord Justice Hughes said the prosecution had not produced evidence which suggested she had been deliberately or recklessly negligent.

The prosecution alleged Dr Ojha, of Hillside Park, Bargoed, was deliberately dishonest when filling in the form, so Mr Sayers would be cremated and cover up failings in her and the care home's care.

But Lord Justice Hughes said there was no evidence to suggest the doctor had performed below standard and "no shred of evidence" to suggest a cover up.

The pair were among four people convicted of criminal offences in the circumstances surrounding Mr Sayers' death.

The Judges upheld the jury’s verdict after an appeal by nurse Musedig Olohumtosim Salisu, 48, of Viscount Evan Drive, Newport, who was also convicted of wilful neglect, because he was present on the night of the death and there was evidence from statements he made to the police that he had been reckless.

* The home is now called Millview House and Lodge and is run by Southern Cross Care Homes.

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