ONE of the top prosecutors in Lancashire has defended his organisation’s decision not to pursue a manslaughter trial in the case of a man who could have died from a violent sneeze.
Lancashire CPS Deputy Chief Crown Prosecutor Ian Rushton responded to criticism from the family of John Kiernan, who died last November hours after being repeatedly punched by 37-year-old Damien Walker.
Last Monday, the CPS said it would accept a guilty plea from Walker to actual bodily harm because a previous injury had left Mr Kiernan, 38, of Stansfeld Street, with ‘an eggshell brain’ meaning he could have died at any time.
Mr Rushton said: “Where there is no longer a realistic prospect of conviction for a particular charge, we have a duty to change the charge or stop the case.
“We took into consideration detailed expert pathology evidence that we have received since Damien Walker was originally charged with manslaughter.
“We were not able to rule out the possibility that because of John Kiernan’s medical history, another trauma to the head, even a very minor one, could have caused the brain injury that lead to Mr Kiernan’s death.
“I met Mr Kiernan’s family last week to explain our decision but I do appreciate that they feel extremely disappointed by it.”
Walker is still to be sentenced.
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