[O]n 15 January 2018 the Senior Coroner for Cumbria, David Roberts, delivered a detailed narrative verdict at the end of the inquest into the tragic death of Poppi Worthington.
He decided that Poppi died as a result of being placed in an unsafe sleeping environment which had compromised her breathing. He also decided, on the balance of probabilities, that she had been sexually assaulted at some point before her death but that this was unconnected to her death.
The next day, the Coroner referred a copy of his verdict to the CPS. It has been considered by a senior prosecutor in order to establish whether there are grounds to reconsider the decision not to prosecute. This would only be the case if new evidence had emerged at the inquest which was capable of affecting that decision.
Three different prosecutors have previously considered the case:
- In March 2015, following a referral from Cumbria Police
- In June 2016, following the outcome of the second Family Court hearing in January 2016
- In November 2016, when the decision not to prosecute was subject to a Victim’s Right to Review application.
On each occasion it was decided that there was insufficient evidence to provide a realistic prospect of conviction for any offence in accordance with the Code for Crown Prosecutors.
A spokesman for the CPS said: “The evidence in this case consisted of starkly opposed medical opinion. In his judgment in the Family Court, Mr Justice Jackson described it as follows: “The pathological evidence revealed a world of small differences and strong feelings”. Furthermore, Cumbria Constabulary has accepted that there were failings in the investigation. This meant that sources of evidence one might expect to find in such a case were absent.
“In order to prosecute, a reviewing lawyer would have to be satisfied that an objective, impartial and reasonable jury, properly directed and acting in accordance with the law, would be more likely than not to convict – that is, be satisfied beyond all reasonable doubt of guilt. On each of the three previous occasions, the prosecutor decided that a jury would be unlikely to be so satisfied that Poppi had been sexually assaulted bearing in mind, primarily, the opposing medical opinion and the absence of evidence from the investigation. Nor that there was sufficient evidence to allow a prosecution of any other offence connected with Poppi’s death.
“An assessment of the evidence by a prosecutor is very different to the task undertaken by a Coroner at an inquest. Having heard the opposing evidence, the Coroner makes findings of fact on the balance of probabilities, that is, whether the event in issue is more likely than not to have taken place.
“The Coroner’s verdict has now been considered carefully. No new witness was called at the inquest whose evidence had not already been considered by the CPS prosecutors. The medical issues raised by those witnesses were the same and the evidence given by each in respect of those issues was essentially the same. No new evidence emerged which was capable of affecting the decisions not to prosecute. Accordingly there will not be a fourth full review of this case by the CPS.
“As in all cases, we would consider any future referrals from police should significant new evidence become available to them.”
Temporary Deputy Chief Constable Mark Webster said: “Following HM Senior Coroner David Roberts’ conclusion on 15th January 2018, the matter of potential prosecution was formally referred to the Crown Prosecution Service (CPS).
“We have liaised closely with the CPS over the past two months in relation to this matter.
“Throughout our second investigation officers thoroughly explored every available line of enquiry.
”I acknowledge and respect the decision made by the CPS today.”
