Conditional discharge for 999 workers after death

Tom Le Sauteur and John Sutherland say the case sets a dangerous precedent

A paramedic and a senior technician found guilty of failing to take reasonable care of a man who died while in their care have been given a conditional discharge by a court.

Frazer Irvine, 39, died on 18 March 2022 after he called 999 and had a cardiac arrest while ambulance workers John Sutherland, 61, and Tom Le Sauteur, 36, were at his home in Trinity.

Mr Sutherland and Mr Le Sauteur said they would be appealing against the Royal Court conviction, saying it had set a "dangerous precedent".

The union Unite called for a judicial review into the case, saying there were "serious questions to be asked about how the law has been applied".

Frazer Irvine had been tragically let down, said his family

Mr Sutherland and Mr Le Sauteur were told by a judge at Jersey's Royal Court it was not appropriate to impose a fine, but they were told to pay £500 each towards trial costs.

The conditional discharge meant they could be sentenced for the offence involving Mr Irvine if they reoffended within two years, they were told.

The emergency workers had felt threatened by the behaviour of Mr Irvine, who had taken a drugs overdose, and they withdrew to call for police back-up, the court was told.

The prosecution said further delays to brief police officers and putting on protective clothing meant that the pair "failed to take reasonable care" for Mr Irvine’s health and safety.

Judge Sir John Saunders said on Tuesday the two men were of good character and were highly regarded, but that that good character had been damaged, which had been a significant blow to both of them.

A fund set up to help the two suspended medical workers has now topped £47,000.

'Very sorry'

Mr Le Sauteur said the case had "set a dangerous precedent" and other emergency workers were now "nervous" of what could happen to them in similar situations.

"We think it's very dangerous for our friends and colleagues doing the job," he told BBC Radio Jersey.

Mr Sutherland said after the case that the pair had been "trying to do our job in difficult circumstances".

He said he and Mr Le Sauteur were "very sorry" for the death of Mr Irvine and it was "a tragic event".

"What happened that night happened and there is nothing we can do to go back on that," he said.

The ambulance service, which suspended the pair, is holding an internal investigation into what happened.

"I just want to go back to doing that job," said Mr Sutherland.

Mr Le Sauteur said he wanted to "get back on the road, doing the job that I love doing".

The union Unite called for a judicial review into the case.

Unite regional officer James Turner said: "Unite believes there are serious questions to be asked about how the law has been applied in this case, whether that application was in the public interest and if the case should have been brought to trial.

"It is of the upmost importance for the individuals concerned, as well as the wider implications for healthcare, emergency or any other workers in Jersey, that a judicial review of the case is launched as quickly as possible."

'Much loved'

Mr Irvine's family said in a statement after the case that the actions of the ambulance workers " fell well below any acceptable standards of care".

"The family are convinced, as are many others, that if even basic first aid had been administered, then Frazer may well have survived," they said.

They added that "much loved" Mr Irvine had been "tragically let down by those whose job it was to administer that help".

"What is hard to accept is that those in a caring profession could show such little regard for human life," they said.