‘Disaster waiting to happen’
THE death of a 15-yearold peanut allergy sufferer Megan from a takeaway meal was “a disaster waiting to happen”, a jury has heard.
Jurors were told the fatal asthma attack was the “altogether too predictable consequence” of the conduct of two bosses at the Royal Spice Takeaway who are accused of her manslaughter by gross negligence.
Her online order through the Just Eat website had the words “nuts, prawns” in the comments and notes section but staff allegedly paid no attention and served a meal which tests later showed contained peanut protein, the court heard.
Following her death on January 1 2017, two days after eating the meal including an onion bhaji, a seekh kebab and a Peshwari naan, a police inquiry was launched and later on January 6 the restaurant in Oswaldtwistle was immediately closed down by Trading Standards and environmental hygiene officers, the hearing was told.
Prosecutor Peter Wright QC said the inspectors were confronted by a “litany of failings” as he showed photographs they took to the jury.
Containers of various spices and other ingredients were uncovered and did not have protection from cross-contamination while it did not appear there was any record kept of the various foodstuffs, he said. “No or little regard” had been paid to warnings on jars of curry paste - used in preparing the seekh kebabs - that the ingredients may contain peanuts and nuts, he continued. Dirty pans were piled on a top shelf, the floor was unclean and a freezer contained unlabelled meat and what appeared to be blood or dirt inside, the court heard.
There was also evidence of mouse droppings throughout the premises although the prosecutor said it “came as a surprise” to the defendants, who it appeared thought they were something else, the court was told
Mr Wright said: “We say that the death of Megan was the altogether too predictable consequence of the conduct of these two men - Mohammed Abdul Kuddus as owner and operator, and Harun Rashid as manager.
“They each owed a duty of care to the public, which included Megan, to take reasonable steps to ensure customer safety.
“The state of affairs that existed and operated at the Royal Spice Takeaway was nothing short of a disaster waiting to happen - one to which these defendants had given little or no thought.”
Kuddus, of Belper Street, Blackburn, has admitted a count of failing to discharge a general duty of employers, contrary to the Health and Safety at Work Act.
He also entered a guilty plea to the same offence on behalf of Royal Spice Takeaway Limited, trading as Royal Spice Takeaway.
Fellow Bangladeshi national Rashid, of Rudd Street, Haslingden, pleaded not guilty to the charge. Kuddus and Rashid, who claims he was merely a delivery driver, deny manslaughter. The trial continues.