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London zoo meerkat expert has assault conviction quashed London zoo meerkat expert has assault conviction quashed
(6 months later)
A meerkat expert accused of striking a monkey handler with a wine glass at a London zoo Christmas party has been cleared of assault by high court judges.A meerkat expert accused of striking a monkey handler with a wine glass at a London zoo Christmas party has been cleared of assault by high court judges.
Caroline Westlake, 30, had previously been convicted of “recklessly but not intentionally” causing a 1cm wound – which needed three stitches – on the cheek of Kate Sanders after she criticised her looks.Caroline Westlake, 30, had previously been convicted of “recklessly but not intentionally” causing a 1cm wound – which needed three stitches – on the cheek of Kate Sanders after she criticised her looks.
Westminster magistrates court found Westlake guilty of assault by beating after hearing that the women had been romantically involved with zookeeper Adam Davies, who dated Sanders for five years before starting a relationship with Westlake.Westminster magistrates court found Westlake guilty of assault by beating after hearing that the women had been romantically involved with zookeeper Adam Davies, who dated Sanders for five years before starting a relationship with Westlake.
Related: Meerkat-keeper must pay £800 to monkey-keeper she glassed at zoo party
But Lord Justice Laws and Justice Nicol ruled the magistrates applied the wrong legal test for recklessness and on Tuesday quashed the conviction.But Lord Justice Laws and Justice Nicol ruled the magistrates applied the wrong legal test for recklessness and on Tuesday quashed the conviction.
Later, Westlake’s legal representative, Suzanne Kelly of Venters solicitors, said: “Ms Westlake’s life has been destroyed by something that was no more than an unfortunate accident. In particular Ms Westlake was unfairly dismissed from her position as zoo keeper at ZSL London zoo and has suffered significant psychological harm.”Later, Westlake’s legal representative, Suzanne Kelly of Venters solicitors, said: “Ms Westlake’s life has been destroyed by something that was no more than an unfortunate accident. In particular Ms Westlake was unfairly dismissed from her position as zoo keeper at ZSL London zoo and has suffered significant psychological harm.”
The magistrates heard that Westlake was in a toilet cubicle at the party on 8 December 2014 when she overheard Sanders say to her friends she looked “much better than Caroline – have you seen the state of her”?The magistrates heard that Westlake was in a toilet cubicle at the party on 8 December 2014 when she overheard Sanders say to her friends she looked “much better than Caroline – have you seen the state of her”?
Later that evening the two women met at the cloakroom and Sanders tried to apologise. The pair started arguing and Sanders said: “Nobody likes you – everyone thinks you’re mad.” Westlake responded: “Everyone thinks the same about you.”Later that evening the two women met at the cloakroom and Sanders tried to apologise. The pair started arguing and Sanders said: “Nobody likes you – everyone thinks you’re mad.” Westlake responded: “Everyone thinks the same about you.”
Sanders, who worked on the “mammals south” section of the zoo, said as she tried to leave Westlake smashed the glass into her cheek, leaving her face covered in blood.Sanders, who worked on the “mammals south” section of the zoo, said as she tried to leave Westlake smashed the glass into her cheek, leaving her face covered in blood.
Westlake accepted that the injury came from her glass, but denied causing it either deliberately or recklessly.Westlake accepted that the injury came from her glass, but denied causing it either deliberately or recklessly.
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The magistrates ruled in September 2015 that Westlake did not act intentionally, but she was guilty of assault because she had been reckless and “failed to see the risk of injury” to Sanders while holding the glass close to her.The magistrates ruled in September 2015 that Westlake did not act intentionally, but she was guilty of assault because she had been reckless and “failed to see the risk of injury” to Sanders while holding the glass close to her.
Quashing the conviction, Laws said the prosecution had failed to apply the correct “subjective” test for recklessness, which was “whether the defendant foresaw the risk of harm but went on to take it”.Quashing the conviction, Laws said the prosecution had failed to apply the correct “subjective” test for recklessness, which was “whether the defendant foresaw the risk of harm but went on to take it”.
The judge also ruled there should be not be a retrial because the magistrates had made a positive finding that Westlake “did not foresee a risk of injury” to Sanders. In those circumstances she was entitled to an acquittal.The judge also ruled there should be not be a retrial because the magistrates had made a positive finding that Westlake “did not foresee a risk of injury” to Sanders. In those circumstances she was entitled to an acquittal.
In any event, said the judge, she had completed her sentence of 80 hours’ community service.In any event, said the judge, she had completed her sentence of 80 hours’ community service.
Kelly said on behalf of Westlake: “This has been a very traumatic time for Ms Westlake and her family, both during the events leading up to and following her wrongful conviction for assault by beating Ms Kate Sanders.Kelly said on behalf of Westlake: “This has been a very traumatic time for Ms Westlake and her family, both during the events leading up to and following her wrongful conviction for assault by beating Ms Kate Sanders.
“Ms Westlake would like thank those that sent messages of support to her which have been a source of strength and encouragement for her, and also expresses her thanks to her excellent legal team for their diligence and perseverance in obtaining justice for her.“Ms Westlake would like thank those that sent messages of support to her which have been a source of strength and encouragement for her, and also expresses her thanks to her excellent legal team for their diligence and perseverance in obtaining justice for her.
“Justice has now been served and Ms Westlake would now appreciate the opportunity to put this matter behind her and rebuild her life.”“Justice has now been served and Ms Westlake would now appreciate the opportunity to put this matter behind her and rebuild her life.”