Ambulance workers' verdict of neglect upheld

A spilt image of Tom Le Sauteur and John Sutherland. They are both wearing green Jersey Ambulance Service uniforms of green tops and shirts with epaulettes. Tom Le Sauteur, aged 36, has short brown hair and a beard. John Sutherland, aged 62, has short, thinning hair.
Image caption,

Tom Le Sauteur and John Sutherland were sentenced to two years conditional discharge and ordered to pay costs

  • Published

An appeals court has upheld the verdict of a paramedic and senior technician found guilty of not caring properly for a man who died after taking drugs.

John Sutherland, 62, and technician Tom Le Sauteur, 36, were found guilty in June of failing to take reasonable care for the health and safety of Frazer Irvine, 39, who had a heart attack following a drugs overdose in Jersey on 18 March 2022.

Le Sauteur and Sutherland had each been sentenced to a two-year conditional discharge and ordered to pay £500 in costs.

Speaking after the appeal, both men made calls for the Government of Jersey to provide more support for staff. The government said it was especially keen to support front-line workers.

Image caption,

Frazer Irvine died on 18 March 2022 after having a heart attack following a drugs overdose

At their trial in June, it was ruled the pair had waited too long to treat Mr Irvine or not acted quickly enough when they thought he might have been having a heart attack at his home in Trinity.

The court saw body camera footage from a police officer that showed the two men putting on protective equipment before preparing to move Mr Irvine into the ambulance after he passed out.

He had a heart attack and died.

During the hearing at Jersey's Court of Appeal, Judge Sir Adrian Fulford said the court had no hesitation in upholding the verdict and the police camera footage showed that it had been an "overwhelming" case by the prosecution.

He said both men had "displayed a noticeable lack of urgency" and they had missed some "critical signs" that Mr Irvine was deteriorating.

He also described Le Sauteur's actions as "lackadaisical".

'Dominated our lives'

Sutherland said he and Le Sauteur had a "glimmer of hope" they could come out on top from the appeal, but were disappointed this did not happen.

He said the pair felt it was important to make their point at court about what happened to them while dealing with the incident involving Mr Irvine.

Sutherland added: "This has dominated our lives for over two-and-a-half years, so it's always going to be there and it's always going to be with us.

"It's always going to live with us."

Calls for change

Le Sauteur called on the government to make changes to guidelines for emergency service workers in Jersey.

He said things "needed to change" as he and Sutherland were "worried" about their friends trying to do their job in a similar situation.

"This court case demonstrates that Government of Jersey employees can follow guidelines - and that was was laid out by a defence lawyers - to the letter and then be found guilty by the government of a crime as private citizens," he said.

"Yes, I do want to go back, but I think us and the public and the service know that things can't continue the way they are."

'Review asked for'

Chief Minister Lyndon Farnham said the government was keen to ensure its staff were properly supported, especially front-line workers.

Mr Farnham said he was confident the States Employment Board would want to take learnings from the case.

He said: "We'll wait and receive a report and look at how everything was handled from that perspective.

"I also understand the social security minister has asked for a review of the health and safety legislation to ensure that remains fit for purpose."