UK

Takeaway owner jailed over customer’s peanut-link death

Yorkshire resident sought tikka masala with no nuts but curry cooked with groundnut mix

Staff at the Indian Garden takeaway in Easingwold, North Yorkshire, UK, cooked Paul Wilson’s chicken tikka masala takeaway with groundnut mix containing peanuts, and the bar manager was found slumped in the toilet at his home in Helperby in January 2014. File photograph: Getty Images
Staff at the Indian Garden takeaway in Easingwold, North Yorkshire, UK, cooked Paul Wilson’s chicken tikka masala takeaway with groundnut mix containing peanuts, and the bar manager was found slumped in the toilet at his home in Helperby in January 2014. File photograph: Getty Images
Mon May 23 2016 - 17:12

A “reckless” Indian restaurant owner who was convicted of killing a customer with a nut allergy by supplying him with a takeaway containing peanuts has been jailed for six years.

Mohammed Zaman (53), from Huntington, York, was convicted of 38-year-old Paul Wilson’s manslaughter following a trial at Teesside Crown Court.

The case is thought to be a legal first, setting a precedent for food suppliers.

Undated North Yorkshire Police handout photo of restaurant owner Mohammed Zaman, who has been convicted at Teesside Crown Court in the UK of the manslaughter of allergy sufferer Paul Wilson, who died after eating a takeaway curry from the Indian Garden, Easingwold, North Yorkshire, despite telling staff he could not eat nuts. File photograph: North Yorkshire Police/PA Wire
Undated North Yorkshire Police handout photo of restaurant owner Mohammed Zaman, who has been convicted at Teesside Crown Court in the UK of the manslaughter of allergy sufferer Paul Wilson, who died after eating a takeaway curry from the Indian Garden, Easingwold, North Yorkshire, despite telling staff he could not eat nuts. File photograph: North Yorkshire Police/PA Wire
Undated handout photo of Paul Wilson (38), who died after eating a takeaway curry from the Indian Garden, Easingwold, North Yorkshire, despite telling staff he could not eat nuts, as restaurant owner Mohammed Zaman has been convicted of his manslaughter. File photograph: North Yorkshire Police/PA Wire
Undated handout photo of Paul Wilson (38), who died after eating a takeaway curry from the Indian Garden, Easingwold, North Yorkshire, despite telling staff he could not eat nuts, as restaurant owner Mohammed Zaman has been convicted of his manslaughter. File photograph: North Yorkshire Police/PA Wire

Mr Wilson, meticulous about his condition, had asked for a chicken tikka masala with “no nuts”, but his curry was cooked with a groundnut mix containing peanuts.

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The prosecution alleged Zaman, said to have almost £300,000 (€387,000) of business debts, switched from almond powder to the cheaper ingredient to cut costs.

Staff at the Indian Garden in Easingwold, North Yorkshire, cooked his chicken tikka masala takeaway with groundnut mix containing peanuts, and the bar manager was found slumped in the toilet at his home in Helperby in January 2014.

The 38-year-old died of a severe anaphylactic shock. He had only started to eat his takeaway.

Gross-negligence manslaughter

Zaman was convicted of gross-negligence manslaughter following a trial at Teesside Crown Court, at which the jury was told he swapped almond powder in recipes for the cheaper groundnut mix, despite warnings.

After the verdict, the Crown Prosecution Service (CPS) said it showed food suppliers had a duty of care towards their customers.

Mr Wilson died three weeks after a teenage customer at another of Zaman’s restaurants suffered an allergic reaction which required hospital treatment. She had been assured her meal would not contain nuts.

The prosecution said the owner had “put profit before safety” at the restaurants he owned.

Zaman, from Huntington, York, denied manslaughter by gross negligence, perverting the course of justice, and six food safety offences. He was found guilty of all charges except perverting the course of justice.

He claimed he left managers to run his restaurants, and that included ordering stock and hiring staff. He was not on the premises when the curry was sold.

Richard Wright QC, prosecuting, said: “Mohammed Zaman received numerous warnings that he was putting his customers’ health, and potentially their lives, at risk.

“Tragically for Paul Wilson, Mohammed Zaman took none of those opportunities and ignored all of the warnings he was given.

“His was a reckless and cavalier attitude to risk and one that we, the prosecution, would describe as grossly negligent.”

Mr Wilson’s parents, Keith and Margaret, from Sheffield, said their son had carefully managed his condition since he had been aged seven, when he had a reaction to a Marathon chocolate bar.

He loved curry, but was always clear when ordering any that his food must not contain nuts.

They said: “Justice has been served, Paul can rest in peace.

“We can’t go back and change the past - all we can do is focus on the present and the future and making things right. Don’t let this happen again.”

Outside court, Det Insp Shaun Page said Mr Wilson’s death was “totally avoidable”.

He added: “We have shown Zaman had a duty of care to serve safe food.

“He has breached that duty to a criminal standard.”

Martin Goldman, chief crown prosecutor with CPS Yorkshire and Humberside, said: “In this conviction, the CPS has sent a very clear message to the catering industry: there is a duty of care to your customers.

“If you ignore your responsibilities and regulations and put lives at real risk, then we will not hesitate to prosecute.”

Press Association