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The case against two Jersey paramedics convicted of failing to adequately care for a man before he died has raised "serious questions" about the island's health and safety law, with both Britain's biggest union and a Minister seeking urgent reviews – but the victim's family do not agree.
Unite the Union is calling for a full judicial review of the case against ambulance workers Tom Le Sauteur (36) and John Sutherland (60), while Social Security Minister Lyndsey Feltham confirmed to the States Assembly yesterday that her department would be examining the law.
The comments came as the pair were yesterday handed a two-year conditional discharge by the Royal Court yesterday for breaking the health and safety law.
It was the first time such a case involving individuals had come before the Royal Court for sentencing – though four others had been heard in the Magistrate's Court.
Pictured: Dozens of islanders made their way to the Royal Square on Tuesday morning to show their support for the paramedics.
The pair were last month found guilty by Jurats in the Royal Court of a health and safety breach in relation to their response to 39-year-old Frazer Irvine who had called an ambulance when he was suffering the effects of an overdose.
Having become aggressive and saying he did not want help from the paramedics, the man later died of cardiac and respiratory arrest while he was in their care.
The case was heard by Commissioner Sir John Saunders – sitting with Jurats Jane Range and Michael Entwistle – who said the pair did not show a "sense of urgency" to move the patient to hospital and said there was "no danger" in giving him care once police had arrived to assist.
As a crowd of nearly 100 islanders gathered in support of the pair in the Royal Square ahead of their sentencing yesterday, Mr Le Sauteur confirmed to Express that they would be appealing their conviction.
Mr Sutherland said the pair were concerned about the case the precedent would set, adding: "People can't go to work thinking that this is going to happen to them."
But Unite the Union wants to go a step further, and says should be a full judicial review.
"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," Regional Officer James Turner explained.
Pictured: The ambulance workers outside the Royal Court while their trial was still ongoing.
"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."
As the paramedics received their sentence in the Royal Court, their conviction was also a topic of conversation in the States Chamber next door, with former Home Affairs Minister Helen Miles – who previously held political responsibility for blue light responders – asking the Social Security Minister whether the law had been applied appropriately.
"It has been an incredibly difficult situation for all involved, and an emotional one," Deputy Feltham, who has responsibility for health and safety legislation, responded.
"I am limited in what I can say but I can say that I will review the Health and Safety at Work law.”
Pictured: Attendees at a protest outside Ambulance HQ following the trial in June, holding signs saying "protect our emergency services".
Many ambulance and emergency services workers have joined peaceful protests against the pair's conviction in recent weeks.
Asked about their morale, current Home Affairs Minister Mary Le Hegarat said yesterday that they were being given ongoing support.
Efforts to fundraise for the pair's legal costs are continuing, with the current bid to get £50,000 falling just short at £47,330 at the time of publication.
Mr Irvine's mother, Linda, attended the Royal Court trial.
In a statement provided to the Health and Safety Inspectorate on 10 July, and released to media by the Law Officers' Department today, she explained how she and her family were left uncomfortable with how the case panned out, saying it sometimes felt as though her own son, who she remembered as a "beautiful young man", was the one "on trial".
Ms Irvine also said the public reaction to the case had been difficult for the family, and that some comments on social media were "devastating to read".
While Ms Irvine said she felt it was "commendable that [Mr Le Sauteur and Mr Sutherland's] colleagues supported them", she said she hoped at least "some" of those who sat through the trial would "reflect on the verdict and agree that the care was totally inadequate".
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Pictured top: Mr Le Sauteur heading into the Royal Court to be sentenced yesterday.
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