Takeaway bosses jailed over teen’s allergy death after manslaughter conviction

Two takeaway bosses have been jailed for the manslaughter of a teenager who suffered a fatal allergic reaction to a takeaway meal.

Nut allergy sufferer Megan Lee had eaten food from the Royal Spice takeaway in Oswaldtwistle, Lancashire on 30 December 2016.

The 15-year-old died two days later after suffering irreversible brain damage from a later asthma attack.

The restaurant’s bosses, Mohammed Abdul Kuddus, 40, and Harun Rashid, 38, were found guilty of manslaughter by gross negligence at Manchester Crown Court.

Rashid was jailed for three years, while Kuddus was handed a two year prison term.

Sentencing the pair, Mrs Justice Yip said Megan was responsible enough to highlight her allergies when placing her order but “sadly the same responsibility was not at your end”.

She said: “The Royal Spice had no systems or processes to manage allergen control.

“The menu contained no information about allergens. No record was kept of the ingredients used in dishes.

“In short, it appears that no one at the takeaway had any way of knowing what allergens were in the food supplied.”

The court heard that Megan’s friend ordered the meal through the Just Eat website and wrote “prawns, nuts” in the comments and notes section.

But the meal – which included an onion bhaji, a seekh kebab and a Peshwari naan – was later found to have the “widespread presence” of peanut protein.

Peter Wright QC, prosecuting, said her death was a “disaster waiting to happen”.

There was a “litany of failings” in the kitchen including poor hygiene and no records of ingredients kept, the court heard.

The judge added: “It is hoped that the message is heard that those who fail to take proper care in the supply of food to the public will face significant custodial sentences if a death results.

“Like Mr and Mrs Lee, I hope that this tragic case adds to the growing awareness in the food industry of what can happen if allergies are not taken seriously.

“Those who fail to heed the warnings and who continue to flout food safety regulations may find the courts taking a harsher view in the future.”

Mrs Justice Yip said Megan’s parents Adam and Gemma had shown “dignity and courage” throughout the court process.

She said: “They do not seek retribution but want their story to serve as a warning to others in the food industry so that other families will not be forced to experience the indescribable loss that they have suffered.

“She (Megan) had made her family proud throughout her short life and would have continued to do so. She had everything to live for. No sentence I impose can begin to reflect the loss of Megan’s life.”

She accepted that the defendants – both fathers – had expressed genuine remorse and that neither meant to kill the teenager.

She told them: “Neither of you actually foresaw the death of anyone. It never occurred to you that you would be responsible for the death of a young girl.

“Quite simply, you never gave the risk of a customer dying because of an allergy a moment’s thought.

“You must now live with the guilt of what you have done and the suffering you have caused Megan’s family and to your own families.

“All of this is a tragedy that could so easily have been avoided had you exercised the proper care to be expected of those who serve food to the public.”

The takeaway restaurant has since reopened under new ownership.

(c) Sky News 2018: Takeaway bosses jailed over teen’s allergy death after manslaughter conviction