Owner, Operator of Indian Restaurant Convicted for Allergic Death of Teenager in U.K.

By Little India Desk | October 29, 2018

An Indian restaurant owner and operator have been found guilty and convicted for an allergy-related death of a 15-year-old girl.

Mohammed Abdul Kuddus, 40, and Harun Rashid, 38 were found guilty of manslaughter at Manchester Crown Court following an investigation into the death of Megan Lee.

According to a police statement, Lee had ordered a takeaway from the Royal Spice Indian takeaway in Hyndburn on December 30, 2016, and the food caused an apparent allergic reaction.

She was admitted to Royal Blackburn Hospital but died on January 1, 2017. Later, a post-mortem examination revealed that she died from asthma due to a nut allergy.

After a thorough investigation held by the Lancashire Constabulary, Lancashire County Council and Hyndburn Borough Council and, after consultation with the Crown Prosecution Service, Kuddus and Rashid, were charged. The statement further said that the concerned restaurant Royal Spice in Oswaldtwistle, Lancashire did not take any safety measures for the customers regarding allergies.

Deputy Chief Inspector Mark Vaughton, of Lancashire Police, stated, “Megan’s death was the tragic consequence of the conduct of these two men. As owner and operator, Kuddus and Rashid each owed a duty of care to the public. They had to take reasonable steps to ensure customer safety; and in particular, in discharging that duty of care, to take reasonable steps to provide food that was not harmful to customers with a food allergy.”

Kuddus reportedly admitted to one count of failing to discharge general health/safety duty to a person other than an employee and one count of contravening or failing to comply with EU provision concerning food safety and hygiene. He also pleaded guilty to the same offenses on behalf of Royal Spice Takeaway Ltd, trading as Royal Spice, but had denied manslaughter, the statement read.

Rashid has been charged with manslaughter, one count of failing to discharge general health/safety duty to a person other than an employee and one count of contravening or failing to comply with EU provision concerning food safety and hygiene. He had pleaded not guilty to the charges.

Both the men were found guilty of all counts following the trial. Their sentencing has been scheduled for Nov. 7. The Indian restaurant is now trading under a new ownership.

Vaughton said, “This was a tragedy waiting to happen, and one to which these defendants had given little or no thought.”

Expressing the grief over losing their daughter and stressing the importance that should be given to safety measures, Lee’s family has released a statement after the verdict, which read,” Our lives will never be the same, the loss of our beautiful daughter has completely devastated us. Megan’s positive presence and infectious smile will be forever missed …. We wouldn’t have been able to get through these most difficult times without the incredible support and professionalism of our family liaison officers and investigation team at Lancashire Police. We’d like to thank them wholeheartedly for their exhaustive and meticulous work with Megan’s case. Also, to our legal team, led by Mr. Wright for their impeccable and industrious work.”

Stressing the necessity of allergy-related food safety, the statement said, “Whilst we may have received some justice with today’s verdict, we live in hope that today’s result is a warning to other food businesses operating in such a deplorable and ignorant manner to learn by this and improve their standards with immediate effect. We urge all food businesses to improve the standard of food safety and to take allergies seriously. Trading Standards and Environmental Health are there to help. Do not guess, do not play ignorant, do not play Russian roulette with precious lives.”