Paramedics lose appeal against convictions

Wednesday 23 October 2024

Two paramedics found guilty of failing to provide "reasonable" care to a man who later died have lost an appeal against their convictions.

Announcing the verdict today, appeal judge Adrian Fulford said that the original verdict was "supported by evidence" and found that there were "no other grounds to conclude there has been a miscarriage of justice".

Tom Le Sauteur (36) and John Sutherland (60) appeared in the Court of Appeal on Monday to challenge the two-year conditional discharge handed down to them earlier this year with an appeal largely financed by donations from the public.

The pair were hoping to clear their names after being found guilty of a health and safety breach in relation to their response to 39-year-old Frazer Irvine.

The patient, who called an ambulance in March 2022 when he was suffering the effects of an overdose, later died of cardiac and respiratory arrest.

On Monday, the public gallery in the Court of Appeal was filled with supporters of Le Sauteur and Sutherland as Advocates Ian Jones and Frances Littler presented several arguments challenging their original convictions.

The advocates contended that hindsight was inappropriately used to judge the paramedics' actions, and claimed that the court misunderstood the standards of care required in high-pressure situations.

But it was announced this morning that the appeal had failed.

Appeal judge Adrian Fulford said: “We are unhesitatingly of the view that the verdict was supported by evidence and there were no other grounds to conclude there has been a miscarriage of justice.”

Express spoke to the paramedics following the verdict.

Le Sauteur said: “Obviously, it's not the ideal outcome. It would have been lovely to have the decision overturned.

“Appeals in Jersey are very unlikely to succeed, so we were going in knowing that legally, it was going to be an uphill battle.

“However, the important thing for us is that the appeal gave us a public forum to to voice that we disagree with the verdict, and that we disagree with the verdict through reasoned argument, not just through emotions.

“To be totally frank, our lawyers did that. They argued why it wasn't a reasonable verdict, and they did that well.”

He added: “It was just nice to be able to make a public statement in a public forum that we do not agree with the verdict.

“The trial was witnessed by so many frontline technicians and paramedics, and their support was unwavering.”

Sutherland said: “There was a huge reaction to the case from hospital staff as well as ambulance, but also police, fire, and all the blue light services. You know, it could potentially affect all of them.

“To have so much backing, not just the public which has been fantastic, but from so many colleagues that I’ve never met — it just lifted me beyond anything, because after over two and a half years, it's been tough.

“Two and a half years not doing the job we love. It’s not easy.”

The two paramedics remain suspended, and it is unclear when they will return to work.