Curry restaurant owner found guilty in nut allergy death case

[Hans Mann]

Mohammed Zaman was owner of the Indian Garden restaurant in Easingwold where Paul Wilson ordered a takeaway curry

A restaurant owner has been found guilty of killing a customer who died from an allergic reaction to a curry.

Paul Wilson, 38, suffered a severe anaphylactic shock in January 2014 after eating a takeaway containing nuts from the Indian Garden in Easingwold, North Yorkshire.

A jury found Mohammed Zaman, 52, of Huntington, guilty of manslaughter after a trial at Teesside Crown Court.

The court heard he cut corners by using cheaper ingredients containing peanuts.

Zaman denied he was responsible but a jury was told he switched almond powder for a cheaper groundnut mix, which contained peanuts.

Mr Wilson, a bar manager from Helperby, North Yorkshire, specified "no nuts" when he ordered a chicken tikka masala - an instruction which was written on his order and on the lid of his takeaway, the court heard.

He died three weeks after a different customer with a nut allergy bought a meal from one of Mr Zaman's six restaurants, then had a reaction and required hospital treatment, the jury heard.

Peanut curry death: Restaurant owner Mohammed Zaman jailed - BBC News

[taxexile]

Take allergies seriously or face jail' says CPS after curry house owner convicted of manslaughter

Food businesses have been warned by the CPS to take allergies seriously or face jail, after a restaurateur was imprisoned for six years for killing a customer by selling him a curry containing peanuts.

In a legal first, Indian restaurant owner Mohammed Zaman, 53, was convicted of manslaughter after 38-year-old Paul Wilson suffered a fatal allergic reaction to the peanuts in his takeaway curry.

Pub manager Mr Wilson, meticulous about his condition, had asked for a chicken tikka masala with "no nuts" but his curry from the Indian Garden, Easingwold, was cooked with a groundnut mix containing peanuts.

Today, police said the case sent a very clear message to the catering industry, warning them that they have a duty of care to their customers.

Martin Goldman, chief crown prosecutor with CPS Yorkshire and Humberside, said: “If you ignore your responsibilities and regulations and put lives at real risk then we will not hesitate to prosecute.”

A jury at Teesside Crown Court heard how Mr Zaman, who had run up £294,000 debts in his six restaurants in York and North Yorkshire, was cutting costs by using cheaper ingredients and employing untrained, illegal workers.

The prosecution said the owner had “put profit before safety” at the restaurants he owned.

The court heard that less than a month before Mr Wilson’s death in January 2014, another nut allergy sufferer Ruby Scott, 17, was hospitalised after eating a chicken korma from another one of Zaman’s restaurants.

Although she had been told the dish did not contain peanuts, she suffered an allergic reaction and had to be injected with adrenaline by medics.

His was a reckless and cavalier attitude to risk and one that we, the prosecution, would describe as grossly negligent
Richard Wright QC
This prompted a visit by a trading standards officer who visited Mr Zaman’s restaurant Jaipur Spice, in Easingwold, a week before Mr Wilson’s death, and found evidence of peanuts in a meal the officer had been told was peanut-free.

Following this, the officer told staff that customers in all of Zaman’s restaurants must be informed they were using peanuts.

But despite warnings Zaman continued to flout advice and use the less costly ingredient without telling people.

And on the day after Mr Wilson suffered the fatal anaphylactic shock, another trading standards investigator found Mr Zaman’s restaurant was still selling “nut-free” curries to customers.

Sentencing today, Judge Simon Bourne-Arton, said Bangladesh-born Zaman had “thrown away” all his success and “done so in pursuit of profit.”

Restaurant owner Mohammed Zaman was convicted of gross negligence manslaughter

He added: “You have done so in such a manner as to bring about the death of another individual. Paul Wilson was in the prime of his life. He, like you, worked in the catering trade. He, unlike you, was a careful man."

The judge said Zaman could have destroyed the groundnut mix after Ruby Scott had suffered a reaction but he chose not to.

The judge said Zaman had told "many lies" to the jury, adding: "You remain in complete and utter denial for what you have done."

This was not a "transitory" case of gross negligence, but one lasting seven months - from his fateful decision to switch almond for groundnut in June 2013.

Zaman, from Huntington, York, denied manslaughter by gross negligence, perverting the course of justice and six food safety offences. He was found guilty of all charges except perverting the course of justice.

Outside court, Mr Wilson’s parents Keith and Margaret said they were relieved and urged more staff to be trained about allergens.

They said: “Justice has been served, Paul can rest in peace.

“We can’t go back and change the past, all we can do is focus on the present and the future and making things right. Don’t let this happen again.”

Paul Wilson's parents Keith and Margaret Wilson
Paul Wilson's parents Keith and Margaret Wilson CREDIT: TOM WILKINSON/PA
Zaman, from Huntington, York, denied manslaughter by gross negligence, perverting the course of justice and six food safety offences. He was found guilty of all charges except perverting the course of justice.

Outside court, Mr Wilson’s parents Keith and Margaret said they were relieved and urged more staff to be trained about allergens.

They said: “Justice has been served, Paul can rest in peace.

“We can’t go back and change the past, all we can do is focus on the present and the future and making things right. Don’t let this happen again.”

Zaman had a duty of care to serve safe food. He has breached that duty to a criminal standard
Det Insp Shaun Page

'Take allergies seriously or face jail' says CPS after curry house owner convicted of manslaughter

[Loy Toy]

I suffer a bad reaction when exposed to MSG and therefore never eat Thai food unless it is prepared by my wife.

People with allergies should know the risks and avoid them.

[harrybarracuda]

I suffer a bad reaction when exposed to MSG and therefore never eat Thai food unless it is prepared by my wife.

People with allergies should know the risks and avoid them.

I suspect if they are potentially fatal that they do.

But this bloke committed a crime which is why the fucker was jailed.

[wasabi]

So he chose a cheaper brand , !!!! Switched from almonds to a peanut one.
Almonds are safe, peanuts unsafe.!!!!

[harrybarracuda]

So he chose a cheaper brand , !!!! Switched from almonds to a peanut one.
Almonds are safe, peanuts unsafe.!!!!

Methinks the sorry reporting is confusing you.

He was allergic to peanuts.

He made it clear.

They gave him food with peanuts in it without knowing. The boss knew.

He is now doing time.

[billy the kid]

Staff weren't aware that powdered nuts went under a different name.
A cheap alternative.

Fact that the cnut lied through his teeth to avoid any justice for family by playing dumb.

[BobR]

I suppose in Britain, a sign stating "We cannot serve persons with severe food allergies" would probably get one arrested too.

Manslaughter seems a little overkill for a few peanuts.

[harrybarracuda]

I suppose in Britain, a sign stating "We cannot serve persons with severe food allergies" would probably get one arrested too.

Since it's quite a common allergy, you'd only be hurting yourself.

Unless you had a Peanut shop I suppose.

In which case you should be OK, although in America, even if you called your shop WE ONLY SELL PEANUTS you would have to have a sign saying: "Warning - Contains Peanuts".

[ENT]

Staff weren't aware that powdered nuts went under a different name.
A cheap alternative.

Fact that the cnut lied through his teeth to avoid any justice for family by playing dumb.

Groundnuts and ground nuts aren't the same thing.

That can be very confusing to a non-native English speaker.

[Passing Through]

People with allergies should know the risks and avoid them.

I think someone saying "I'm not going to put any nuts in your meal" has that covered. The fact that this arsehole lied about it can hardly be blamed on the poor fucker who died.

[Little Chuchok]

[BaitongBoy]

Socal isn't allergic to nuts, for sure...He'd be dead long ago...