A CORONER has told how hospital staff made a "vital" error in disturbing a potential murder scene following the suspicious death of a patient.
Speaking at the inquest into the death of Kevin Winchester yesterday, East Sussex coroner Alan Craze said he believed the death could have resulted in a murder trial if not for "vital flaws" in the prosecution case.
The Hastings inquest heard how Mr Winchester, 27, had died from suffocation in his father's arms on June 5, 1998.
He had previously suffered brain damage after an attempted suicide
following the break up of his relationship with his girlfriend, the mother of his six-year-old son.
Kevin was unable to move or speak due to the effects of heavy sedation but was not expected to
die because of the condition.
A post-mortem by a Home Office pathologist found Mr Winchester had died from suffocation due to a soft object being placed over his mouth.
In interviews with police, the dead man's father denied suffocating his son although he and his family did tell hospital staff they were in favour of euthanasia.
Coroner Alan Craze recorded an open verdict
saying there was insufficient evidence to suggest Kevin's death had been unlawful.
He said: "When I first read the papers in this case, I formed the view there was a case for murder. I invited the Crown Prosecution Service to meet me but the CPS declined.
"The father denies he killed him but he has not given me any alternative that fits in with any verdict.
"There were, however, features of this case that disturb me. First the scene of the death was compromised and, astonishingly, the family was left alone in the room.
"Sealing the room and involving police quickly would not have been unfeasible. Instead the police were not directly called and bedding and other items were not forensically tested."
Keith Winchester, his wife, Gillian, and son, Stephen, sat in court throughout the two-day hearing.
The inquest heard how the family, from Ringwood Road, Bexhill, had requested Kevin not be treated and be allowed to die.
Describing his son's death, Mr Winchester said: "He seemed asleep but I noticed his breathing seemed a bit shallow.
"Jo (the nurse) got called away and I noticed Kevin was having trouble breathing. His back started to react accordingly and arched.
"I got on the bed with him and realised he was going through the motions of dying. I wondered about calling the nurse but thought better of it.
"I thought if Kevin was going to die it was best he did it there."
Mr Winchester said he held his son in his arms for around 20 minutes before finally alerting staff.
Mrs Winchester told how she had wished her son dead, knowing he would never recover from his condition.
She said: "I said to Dr Dyson 'the best I can hope for is death for Kevin'. I
didn't want any intervention that would prolong his life unnecessarily."
Dr Anthony Dyson, consultant physician at the
hospital, said neither he nor his staff had felt the need to call the police following the death.
Asked what the reaction of Kevin's parents was after the death, Dr Dyson told how Mr Winchester had been "calm and calculated".
He said: "Mrs Winchester burst into tears and said 'thank God, thank God'."
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