Tragic new mum who was failed by everyone
New mum dies after horrific blunders, judge says it should never have happened — but top doctor and hospital are cleared
The husband of a healthy young mother who died in the care of hospital staff only hours after giving birth was left without justice last night after the collapse of a landmark trial.
Both consultant anaesthetist Dr errol Cornish and the health trust he worked for were on trial over the death of primary school teacher Frances Cappuccini at Tunbridge Wells hospital in Kent.
They were accused of failing the 30-year-old who never woke up from an emergency operation following the birth of her second son Giacomo by caesarean section in 2012.
But a high Court judge instructed the jury at Inner London Crown Court to acquit both of unlawfully killing the motherof-two after ruling that they had no case to answer.
he said there was ‘no question’ that Mrs Cappuccini should not have died, praised her family’s dignity and said it was inevitable they would want to hold someone to account.
But, after two weeks of evidence, he outlined a series of flaws in the prosecution case.
It means the young mother’s husband Tom is still waiting for answers about who is to blame for the death of his wife more than three years after he lost her. Mr Cappuccini, 35, has been left to raise their two boys – Giacomo, three, and Luca, five, on his own.
he had turned up for each day of the trial and at times wept as the jury heard about the death of his beloved wife.
After the case was thrown out by the judge on Wednesday, he left visibly upset. he was believed to be too devastated to return yesterday to hear the jury formally hand down the verdict clearing Dr Cornish and the Trust.
A second anaesthetist, Dr Nadeem Azeez, would have been charged but fled to Pakistan before he could be arrested. Kent police have issued an arrest warrant but Britain has no extradition deal with the country.
The Crown Prosecution Service is now likely to face a legal bill of hundreds of thousands of pounds after defence lawyers indicated they may seek to recover costs.
The death of Mrs Cappuccini – known affectionately as Mrs Coffee by her pupils – came just hours after the birth of her second son by caesarean section at Tunbridge Wells hospital in Pembury on October 9, 2012.
After a lengthy investigation, Dr Cornish was charged with gross negligence manslaughter and Maidstone and Tunbridge Wells NHS Trust with corporate manslaughter – the first health trust to be charged with such an offence. Dr Azeez would have been charged had he been in the country.
The trial began two weeks ago, but after adjourning for a day and a half this week, Mr Justice Peter Coulson allowed applications from both defence counsels to dismiss the case over a lack of evidence.
he told Inner London Crown Court: ‘I’m firmly in the view that it would be unsafe and unfair to everyone including the family of Mrs Cappuccini to leave this case to the jury.’ he said the prosecution had not presented a credible case to show Dr Cornish was negligent, adding: ‘It is as far removed from a gross negligence manslaughter case as it is possible to be.’
however, he acknowledged: ‘There can be no question that Mrs Cappuccini should not have died. It is inevitable that her family want to know why it was that she did die, and they want someone to be held accountable.
‘They have shown restraint and dignity. But, as I am sure they understand, this trial is not a public inquiry into her death.’
Dr Cornish and Dr Azeez are under investigation by the GMC and could still be struck off. The case will also be referred back to the coroner.
The prosecution had claimed that both Dr Azeez, 53, and Dr Cornish, 68, failed to take the most basic steps to save the life of Mrs Cappuccini after she was unnecessarily anaesthetised, and that her death had been ‘wholly avoidable’.
It was claimed that the men should have re-inserted a breathing tube and placed Mrs Cappuccini on a ventilator immediately when it became clear she was struggling to breathe.
But the judge pointed out that both doctors had followed the Trust’s guidance when they used a face mask and air bag instead.
The Trust had been accused of failing to ensure Dr Cornish and Dr Azeez – who received his basic qualifications in Lahore – were properly qualified and trained.
But the judge said it was ‘ perverse’ to have questioned the employment of Dr Cornish who he described as having an ‘impressive career’ with a CV of a ‘high standard’.
Following his formal acquittal Dr Cornish, from Bromley, said: ‘I am relieved with the Court’s verdict.’ he can still practise, under
‘They want someone held accountable’
supervision, but faces a GMC investigation.
Dr Azeez – who wasn’t formally on trial – is still banned from practis - ing medicine in this country, pending an investigation by the GMC.
The court heard how the T rust had allowed Dr Azeez to continue to care for women in the maternity ward despite a woman almost dying in his care just seven months before Mrs Cappuccini’s death. In March 2012, he was investigated after the new mother had to be urgently resuscitated because of his failings in almost identical circumstances to the death of Mrs Cappuccini.
The collapse of such a high-profile case will also raise questions about the CPS decision to bring the prosecution in the first place. It was the first time a corporate manslaughter offence has been enforced since it was introduced in 2008.
Maidstone and Tunbridge Wells NHS Trust said it ‘regretted that the CPS saw fit to pursue the charge, given the additional stress this will have caused to all involved’.
‘The T rust has however recog - nised, that there were aspects of Frances’ care that fell short of the standards that the T rust would expect.’
A CPS spokesman said: ‘We appreciate that Mrs Cappuccini’s family will be understandably upset by this outcome, but we respect the decision made by the judge.’
Friends of the popular teacher – known as Frankie – have set up the Frances Cording -Cappuccini Prize in her memory with the hope of saving the lives of young mothers like her.