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More on KentOnline
The trial of a hospital trust and two doctors over the death of young mother Frances Cappuccini after she gave birth could be moved out of the county.
Maidstone and Tunbridge Wells NHS Trust is charged with corporate manslaughter and anaesthetists Errol Cornish, 67, and Nadeem Azeez, 52, are accused of manslaughter.
Only Cornish appears on the indictment at the moment as Azeez is believed to have returned to Pakistan.
The case - the first of its kind - will be tried by a High Court judge. John Cooper, QC for the trust, indicated at Maidstone Crown Court today that he would apply for it to be transferred out of Kent.
“It is a unique prosecution,” he said. “It is the first prosecution of a trust for an offence of corporate manslaughter. It is clear there will be important legal issues at the heart of the case.
“The trust is acutely aware of the sensitivities of this case. There are difficulties if it is tried in this court centre because of the kind of questions that would be asked of a jury.”
"It is the first prosecution of a trust for an offence of corporate manslaughter. It is clear there will be important legal issues at the heart of the case..." - John Cooper QC
Members of Mrs Cappuccini’s family listened in the public gallery as Mr Cooper said about 500,000 people were affected by Tunbridge Wells Hospital in Pembury, where the primary school teacher from West Malling died, aged 30, in October 2012 after giving birth by emergency caesarean.
“One can see instantly there could be very real difficulties here,” he said. “It is more appropriate to be dealt with out of the immediate area. Many of the witnesses are employees of the trust.”
Judge Philip Statman said the application to transfer the case could be made when pleas are entered at the next hearing on August 6. He set a trial date for January 11 next year.
Cornish, of Holmbury Park, Bromley, sat in dock as his lawyer Hywel Jenkins urged that the trial should be held as soon as possible as the doctor of 30 years experience was having difficulty in finding work.
“I don’t want to risk this case being delayed,” said the judge. “It will be dealt with by a High Court judge. It may be it is in London.”
Prosecutor Sarah Campbell said the Crown was taking steps to seek the extradition of Azeez, formerly of Chestnut Avenue, Tunbridge Wells, from Pakistan.
“That can be quite complicated,” she said. “There is no formal extradition process but there is government to government cooperation.”
A previous hearing had been told he was seriously ill.
Cornish’s unconditional bail was continued.
The charge against the trust alleges it caused the death of Mrs Cappuccini on October 12 2012 by a gross breach of duty of care.
It further states the trust failed to take reasonable care to ensure anaesthetists involved held the appropriate qualifications and training and further failed to take reasonable care to ensure there was an appropriate level of supervision for the anaesthetic treatment of Mrs Cappuccini.
The charge against Cornish alleges he unlawfully killed Mrs Cappuccini.
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