Mohammed Zaman with his “cavalier attitude” is now serving 6 years following his conviction for manslaughter by gross negligence. This comes very shortly after my previous blog on the same legal issues after the Hillsborough verdict.
An Indian restaurant owner supplied a customer with curry containing peanuts. He was found to have swapped the more expensive almond powder for the cheaper “groundnut mix” which contained peanuts.
Paul Wilson, 38, was very diligent about his condition and asked for no nuts when staff at the Indian Garden, Easingwold, North Yorkshire, cooked his chicken tikka masala takeaway in January 2014. The order form had “no nuts” and the lid of the container had a similar scribe.
Paul Wilson, a bar manager, died from a severe anaphylactic shock. He was found slumped in the toilet at his home in Helperby.
The prosecution alleged Zaman, who owned six restaurants in York and North Yorkshire, was almost £300,000 in debt and cut costs by using the cheaper ingredients and by employing untrained, illegal workers.
Manslaughter by gross negligence is where the death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant.
The test involves the following stages which Mr Zaman breached:
a) That Mr Zaman owed the customer a duty of care
b) That Mr Zaman breahed that duty by his “cavalier attitude”
c) That this breach caused the death of the victim (by inducing the anaphylactic shock)
d) That this breach should be classifed as gross negligence , and therefore a crime (because of the untrained staff, lack of knowledge re ingredients and the reckless attitude as to what the curry was made from).
The Crown Prosecution Service made it very clear: “If you ignore your responsibilities and regulations and put lives at real risk then we will not hesitate to prosecute.”
If you have any questions or concerns OR would like a full regulatory assessment of your business please visit www.chilternlaw.com or call 0800 7880 999. We have offices in Henley-on-Thames, Newbury and Maidstone and will need to visit your business for the assessment.