Care death man 'left unchecked'

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A dead care home resident supposed to be receiving one-to-one care around the clock showed signs of rigor mortis when medics arrived, a court has heard.

The limbs of Alan Sayers were stiffening indicating he had been dead for hours at a home in south Wales, Newport Crown Court has been told.

Four carers and a nurse on duty on the night in question and two managers deny the wilful neglect of a patient.

Local GP Dr Sushma Ohja denies two other charges relating to Mr Sayer.

The 52-year-old was at the Mountleigh Care Home in Newbridge, Caerphilly county, because he suffered with front lobe dementia, which caused a changed personality and a consequent failure to care for himself.

The court heard the condition deteriorated to such an extent that the care home successfully applied for funding for 24 hour care because of the risks he posed to himself and others.

By the time Mr Sayers died on 27 September 2004, the care home, which is now under new ownership, had received more than £100,000 of funding to look after him.

It is plain that no-one was with him at the time of his death or witnessed the manner of it Gerard Elias QC, prosecuting

Gerard Elias QC, prosecuting, said despite Mr Sayers' thorough care needs, it was apparent that no one was monitoring him for several hours until he was discovered dead at 4am.

"Paramedics called, arriving on scene and examining Alan Sayers, found rigor mortis which sets in some hours after death," Mr Elias told the court.

"There was blood around the nose and mouth and on the pillow which no carer or nurse can explain.

"If he died following a fit or seizure, no carer can explain. If he suddenly ceased breathing, no carer reports.

"In short, it is plain that no-one was with him at the time of his death or witnessed the manner of it.

"Further he was not discovered for some time after death."

Four carers Rosslyn Jenkins, Chengeta Kaziboni, Michael Lurvey and Margaret Lewis, along with qualified nurse Musediq Salisu, who were on duty at the home on the night of Mr Sayers' death, are on trial charged with wilful neglect of patient.

The care home's general manager, Dawn Harris, and care manager, Enda Evans, are also charged with the same offence.

Also on trial is Mr Sayers' local GP, Dr Sushma Ohja, who is charged with obtaining property by deception and wilfully making a false representation with a view to procuring the burning of any human remains.

Mr Elias told the court Dr Ohja made false entries on the medical certificate of cause of death, the death certificate and certificate for cremation.

Care problems

Mr Elias said Dr Ohja wrongly claimed to have seen Mr Sayers during an illness in the two years before his death, she had seen him alive on 14 July 2004 and she was able to give the mode and cause of death "from her own observations".

She certified the cause of death as cardiac arrest and hypertension, despite there being no history of a pre-existing heart condition.

"In reality," said Mr Elias, "she had no knowledge of the deceased and she invented the cause of death.

"The prosecution say that this was obviously a case to be referred to the coroner."

Mr Elias claimed Dr Ohja falsified the documents because she was aware of the care problems at the home in relation to Mr Sayers and feared a post mortem examination and an inquest would uncover inadequacies of her own attention to the patient over the previous months and years.

"It is the Crown's case that this is not some technical offence or cutting corners on the part of Dr Ohja.

"This went far beyond any question of incompetence."

Dr Ohja, who was also a forensic medical examiner and police surgeon for Gwent Police at the time, claimed £50.70 from the force for attending the death of Mr Sayers.

Mr Elias said that during one of her initial interviews with police, Dr Ohja stated she attended the home in her capacity as Mr Sayers' GP and would not have expected payment for it.

The jury heard that in a subsequent police interview, Dr Ohja changed her account and said she attended the care home after an unidentified police officer telephoned her and questioned the cause of death.