Care home trio guilty of neglect

Alan Sayers was being cared for at Mountleigh Care Home

Three care home workers have been found guilty of wilfully neglecting a patient and each given a conditional discharge.

Alan Sayers, 52, who had dementia, died at the Mountleigh care home, Newbridge, Caerphilly, in September 2004.

But sentencing the three at Newport Crown Court, a judge said the situation was "a million miles away" from one involving deliberate ill treatment.

Mr Sayers' family said the verdicts brought a closure so they could start "to pick up the pieces of our lives".

A jury found Musediq Salisu, 47, of Newport, Rosslyn Jenkins, 54, of Newbridge, and Edna Evans, 56, of Llanbradach, all guilty.

Dr Sushma Ojha, of Bargoed, was found guilty of making a false representation for a cremation and fined £2,000.

The 55-year-old was Mr Sayers' local GP and had earlier been cleared of obtaining property by deception by the court.

Meanwhile, the home's general manager Dawn Harris, 52, of Newport, and carer Chengeta Kaziboni, 34, of Cardiff, were cleared.

The court had previously heard that Mr Sayers was a danger to himself and other patients and should have had one-to-one, round-the-clock care.

We now have some form of closure and we can now begin to pick up the pieces of our lives Family of Alan Sayers

He suffered from a form of dementia which changed his personality and led to a consequent failure of him caring for himself.

The prosecution said he had been left alone in the hours before his death, contravening his care regime.

The judge previously ruled there was no case to answer against care workers Michael Lurvey, 54, and Margaret Lewis, 60, with not guilty verdicts recorded against them.

Stephen Dent, barrister for Jenkins, said: "This was a new system and had only been in place for two weeks."

Mr Dent said it was clear from the evidence that staff supposedly providing one-to-one care for Mr Sayers were frequently being pulled off their duty on the orders of a qualified nurse.

He added: "The last three years have been very significant punishment for her and I would ask your honour to bear that in mind."

'Devastating blow'

Ieuan Rees, for Salisu, said his client would now face a nursing and midwifery council disciplinary proceedings but hoped to be allowed stay in the country with his four dependent sons.

He added: "As you can appreciate, this is a devastating blow."

Mike Jones, for Evans, said his client had a 30-year unblemished career in nursing and now planned to move to Ireland.

Nick Gedge, for Ojha, said his client would now have to go before a General Medical Council panel.

"I would urge your honour to bear that in mind as the likely sentence in that environment may be very serious indeed," said Mr Gedge.

Judge Roderick Denyer QC said: "Where a carer or a nurse deliberately ill-treats a patient by physically harming them, by not feeding them, by not changing them, by not turning them, I will take and do take a very serious view of that.

"But in respect of Ms Jenkins, Mr Salisu and Ms Evans, your situation is a million miles away from the one I have just referred to."

'Important job'

In respect of Ojha, Judge Denyer told her had she been convicted of deception, he would have considered a prison sentence.

He added: "I bear in mind clearly you and your husband are dedicated GPs working in a deprived area with inadequate facilities and I very much bear that in mind.

"I also bear in mind that a significant number of GPs are not fully aware of the Cremation Act and the filling in of cremation certificates. Nevertheless it is a very important job."

Following the end of the trial, Mr Sayers family issued a statement explaining how the verdicts would help them come to terms with their loss.

"It has been a difficult time for the family without proper closure," said the family.

"We now have some form of closure and we can now begin to pick up the pieces of our lives."

Gwent Police added: "Our thoughts remain with the family of Alan Sayers at this time, for whom this has been a long and very difficult enquiry and we hope the conclusion of the case today brings them some closure."