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Teenager who died after eating takeaway was 'unlawfully killed' Teenager who died after eating takeaway was 'unlawfully killed'
(2 months later)
A 15-year-old allergy sufferer was unlawfully killed when she unknowingly ate a takeaway meal containing peanuts, a jury has heard.A 15-year-old allergy sufferer was unlawfully killed when she unknowingly ate a takeaway meal containing peanuts, a jury has heard.
Megan Lee, who was diagnosed with a peanut allergy aged eight, had an asthma attack a few hours after she and a friend ordered food online from the Royal Spice Takeaway in her home town of Oswaldtwistle, Lancashire, via the Just Eat website.Megan Lee, who was diagnosed with a peanut allergy aged eight, had an asthma attack a few hours after she and a friend ordered food online from the Royal Spice Takeaway in her home town of Oswaldtwistle, Lancashire, via the Just Eat website.
Her friend wrote “prawns, nuts” in the notes section of the online order form for food which did not ordinarily contain either ingredient, Manchester crown court was told.Her friend wrote “prawns, nuts” in the notes section of the online order form for food which did not ordinarily contain either ingredient, Manchester crown court was told.
Peter Wright QC, prosecuting, said staff paid no attention to the entry and served a meal including an onion bhaji, a peshwari naan and a seekh kebab which tests later showed had the “widespread presence” of peanut protein.Peter Wright QC, prosecuting, said staff paid no attention to the entry and served a meal including an onion bhaji, a peshwari naan and a seekh kebab which tests later showed had the “widespread presence” of peanut protein.
The online menu did not include a list of ingredients for the order placed and simply bore the rider “Think Allergy” and “please ask any member of staff”, he said.The online menu did not include a list of ingredients for the order placed and simply bore the rider “Think Allergy” and “please ask any member of staff”, he said.
After the delivery was delivered to her friend’s home at about 6pm on 30 December 2016, the girls shared the food but Megan suffered an “immediate reaction” when she began to eat the kebab.After the delivery was delivered to her friend’s home at about 6pm on 30 December 2016, the girls shared the food but Megan suffered an “immediate reaction” when she began to eat the kebab.
Her friend noted Megan appeared “lumpy” and the girl’s mother gave Megan some liquid antihistamine which made her feel better.Her friend noted Megan appeared “lumpy” and the girl’s mother gave Megan some liquid antihistamine which made her feel better.
Megan went on to avoid the seekh kebab as she continued eating and except for a rash on her left cheek she showed no signs of discomfort when her mother, Gemma, collected her.Megan went on to avoid the seekh kebab as she continued eating and except for a rash on her left cheek she showed no signs of discomfort when her mother, Gemma, collected her.
Wright said Megan went upstairs to her bedroom but shortly after Mrs Lee heard her daughter call out.Wright said Megan went upstairs to her bedroom but shortly after Mrs Lee heard her daughter call out.
He said: “Megan was in a state of distress. Her lips were swollen and blue, she was struggling to breathe and an ambulance was called. Megan’s condition continued to deteriorate. She stopped breathing and her heart stopped.”He said: “Megan was in a state of distress. Her lips were swollen and blue, she was struggling to breathe and an ambulance was called. Megan’s condition continued to deteriorate. She stopped breathing and her heart stopped.”
Mrs Lee and paramedics tried in vain to revive Megan but she had suffered irreversible brain damage and was pronounced dead at hospital on the morning of 1 January when her life support was switched off, said the prosecutor.Mrs Lee and paramedics tried in vain to revive Megan but she had suffered irreversible brain damage and was pronounced dead at hospital on the morning of 1 January when her life support was switched off, said the prosecutor.
A police investigation was launched as well as a probe by local trading standards and environmental health officers, who inspected the Union Road takeaway on 6 January and immediately closed it down.A police investigation was launched as well as a probe by local trading standards and environmental health officers, who inspected the Union Road takeaway on 6 January and immediately closed it down.
Wright said: “It soon became apparent there were no procedures in place in relation to allergen management and no audit of their available dishes or written records of their recipes was either made or kept.Wright said: “It soon became apparent there were no procedures in place in relation to allergen management and no audit of their available dishes or written records of their recipes was either made or kept.
“The premises were not clean. There was evidence of mouse droppings, dirty work surfaces and pans piled up and left unclean.”“The premises were not clean. There was evidence of mouse droppings, dirty work surfaces and pans piled up and left unclean.”
Samples of foodstuffs prepared on the premises were tested and detected the “widespread presence of peanut protein of levels that were unsafe for people allergic to peanuts”, he added.Samples of foodstuffs prepared on the premises were tested and detected the “widespread presence of peanut protein of levels that were unsafe for people allergic to peanuts”, he added.
The takeway’s owner, Mohammed Abdul Kuddus, 40, and Harun Rashid, who prosecutors say was effectively the manager of the shop, deny manslaughter.The takeway’s owner, Mohammed Abdul Kuddus, 40, and Harun Rashid, who prosecutors say was effectively the manager of the shop, deny manslaughter.
Earlier on Thursday, Kuddus, of Belper Street, Blackburn, pleaded guilty to a count of failing to discharge a general duty of employers, contrary to the Health and Safety at Work Act, and another count of failing to put in place, implement and maintain a permanent procedure or procedures in contravention of EU food safety regulations.Earlier on Thursday, Kuddus, of Belper Street, Blackburn, pleaded guilty to a count of failing to discharge a general duty of employers, contrary to the Health and Safety at Work Act, and another count of failing to put in place, implement and maintain a permanent procedure or procedures in contravention of EU food safety regulations.
He also entered guilty pleas to the same offences on behalf of Royal Spice Takeaway Limited, trading as Royal Spice Takeaway.He also entered guilty pleas to the same offences on behalf of Royal Spice Takeaway Limited, trading as Royal Spice Takeaway.
Fellow Bangladeshi national Rashid, of Rudd Street, Haslingden, who delivered the meal, pleaded not guilty to those charges.Fellow Bangladeshi national Rashid, of Rudd Street, Haslingden, who delivered the meal, pleaded not guilty to those charges.
Wright said the safety inspection also revealed there were no systems for cleaning or to avoid contamination or cross-contamination of ingredients and dishes.Wright said the safety inspection also revealed there were no systems for cleaning or to avoid contamination or cross-contamination of ingredients and dishes.
He said Megan, who lived with her younger brother and parents Adam and Gemma, was studying for her forthcoming mock examinations.He said Megan, who lived with her younger brother and parents Adam and Gemma, was studying for her forthcoming mock examinations.
As a child she was diagnosed as asthmatic with symptoms controlled by preventative medicine and an inhaler, while at the age of eight she was found to be suffering from an allergy to peanuts and “various common inherent allergies”.As a child she was diagnosed as asthmatic with symptoms controlled by preventative medicine and an inhaler, while at the age of eight she was found to be suffering from an allergy to peanuts and “various common inherent allergies”.
Megan and her family understood those allergies to be “mild” and they generally avoided processed food, Wright said.Megan and her family understood those allergies to be “mild” and they generally avoided processed food, Wright said.
He explained that a copy of the order form submitted by Megan’s friend was subsequently printed off at the Royal Spice and food was prepared on-site before despatch.He explained that a copy of the order form submitted by Megan’s friend was subsequently printed off at the Royal Spice and food was prepared on-site before despatch.
He told jurors: “The entry could have been more specific you may feel but we say the import of the entry was obvious in ordering dishes that did not ordinarily contain either such ingredients and was designed to alert the staff at the takeaway to the risk such foodstuffs pose to a potential customer.He told jurors: “The entry could have been more specific you may feel but we say the import of the entry was obvious in ordering dishes that did not ordinarily contain either such ingredients and was designed to alert the staff at the takeaway to the risk such foodstuffs pose to a potential customer.
“No attention was paid to the entry by anyone at the takeaway, or if it was, too little to have been of any consequence. If it had been, we say the least that may have happened was that the meaning of the entry would have been explored.”“No attention was paid to the entry by anyone at the takeaway, or if it was, too little to have been of any consequence. If it had been, we say the least that may have happened was that the meaning of the entry would have been explored.”
The form contained a phone number and address for the customer but neither was contacted, he said.The form contained a phone number and address for the customer but neither was contacted, he said.
The father of Megan’s friend contacted the takeaway after he learned of her initial allergic reaction and Rashid went to the delivery address after Megan had been collected by her mother.The father of Megan’s friend contacted the takeaway after he learned of her initial allergic reaction and Rashid went to the delivery address after Megan had been collected by her mother.
Rashid was said to have observed he was familiar with allergies and the risks they posed due to his own family having such issues but the impression he gave was there was nothing in the meal that could have caused such a reaction, the court heard.Rashid was said to have observed he was familiar with allergies and the risks they posed due to his own family having such issues but the impression he gave was there was nothing in the meal that could have caused such a reaction, the court heard.
The trial, estimated to last up to four weeks, continues on Monday.The trial, estimated to last up to four weeks, continues on Monday.
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