Phil Barnes KC prosecutes Carlisle gross negligence manslaughter

Phil Barnes KC has just concluded the prosecution of Stewart Irwin, a two-week gross negligence manslaughter trial heard by Mr Justice Bright at Carlisle Crown Court.

Phil presented the Crown’s case against 56-year-old Irwin, who had left his mother on the floor of the bathroom in their shared flat for around two weeks before summoning help after she fell and was rendered immobile. By the time paramedics attended, his mother Veronica, who was 74 and already in poor health, was in a perilous condition, suffering with hypothermia and widespread infected pressure sores. Although she was taken to hospital, she sadly died a few hours later.

During the course of the trial Phil called evidence from a number of experts, including a Home Office pathologist, a consultant geriatrician and a forensic psychologist, as well as cross examining a further psychologist called on behalf of the defence. The case involved careful examination of the concepts of duty of care and breach of duty, legal causation, and capacity to consent to, or to refuse, medical treatment.

In this case Phil was instructed by Wendy Logan and Gail O’Brien at the CPS North West Complex Casework Unit (CCU). At the outset of the investigation, Phil had been asked by the CCU to provide pre-charge advice on this complex and unusual area of the criminal law. Once charges were brought, Phil prepared and presented the case alone, without junior counsel, but ably assisted throughout the trial by CCU caseworker Zoe Fielden.

Irwin’s sentence has been adjourned until September 2026.

https://www.bbc.co.uk/news/articles/cvgeg27g29do?app-referrer=deep-link