No charges over hospital attack on Spitfire hero

THE family of a Spitfire pilot who died after an attack on an NHS ward say they are ‘dismayed’ no one has been held to account over his death.

Kenneth Tyrer, 90, died after he hit his head and broke his hip when he was kicked over by another dementia patient.

But police yesterday said charges would not be brought against the 85-year-old suspect following the assault in June last year.

The Second World War pilot’s son Bill Tyrer last night said a series of failings had led to his father’s death and he was ‘dismayed’ that no one was criticised.

The 59-year- old said: ‘We were expecting it – it has been dragging on so long. It is like they can sweep it under the carpet if they leave it long enough. The hospital did not seem to have any repercussions.’

Former salesman Mr Tyrer – who flew Spitfires and Hurricanes during the war – was treated for an infection at Yeovil District Hospital in Somerset in May last year.

Despite making a recovery, he could not leave for a month amid wrangling over care home places.

His family said he had been attacked by the same patient days before he was assaulted and suffered the fall on June 12. He died two days after the second attack.

His son praised the police’s major crime team, but he added: ‘A psychiatric report said [the suspect] was not culpable for reason of ill health so they are not prepared to progress it further. But if you kill somebody, you kill somebody.’

He asked police about bringing a corporate manslaughter charge against the hospital but was told this was not possible.

Somerset Police yesterday said the decision to take no further action was made following discussions with the Crown Prosecution Service. Detective Inspector Richard Ocone added: ‘This matter will now be submitted to the coroner.’

Mr Tyrer lived in Milborne Port, Somerset, until he was admitted to hospital. He had been due to join Sheila, his wife of 66 years, at a care home after being discharged.

The hospital last year said it was carrying out its own investigation, but did not respond to a request for comment last night.