THE CROWN PROSECUTION SERVICE in Liverpool has been forced to defend the way it decided to bring charges against the grandmother of a five-year-old girl mauled to death by a dangerous dog.
At the end of the trial of Jacqueline Simpson, of St Helens, who was in charge of little Ellie Lawrenson at the time of her death, was cleared of manslaughter by a jury at Liverpool Crown Court yesterday.
The dog was owned by Ellie's uncle Kiel Simpson, 24, who was jailed for eight weeks at Liverpool Magistrates' Court in May after admitting owning a dog banned under the Dangerous Dogs Act 1991.
During the trial, the prosecution said Ms Simpson, who had drunk two bottles of wine and smoked 10 cannabis joints prior to the attack, had broken a family rule by letting Reuben into the house while Ellie was there.
But Ms Simpson said she was not aware of such a ban.
The judge, Mr Justice Royce, asked Neil Flewitt, for the prosecution, if the Crown Prosecution Service (CPS) had ever considered a prosecution against Kiel Simpson for manslaughter.
He answered that officers in the investigation believed there was no realistic chance of conviction as Mr Simpson did not believe the dog had access to the little girl.
After the judge's comments, the CPS defended its decision to bring charges against Mrs Simpson.
Colin Davies, assistant district Crown prosecutor for Merseyside, said: “The death of Ellie Lawrenson on New Year’s Day, when she was mauled to death by her family’s pit bull-type dog Reuben, was a tragedy for all involved and in particular for Ellie’s parents.
“The CPS brought this prosecution on the basis that Jacqueline Simpson owed a duty of care towards her granddaughter Ellie.
“We said that she breached that duty of care by letting the dog into her house, knowing that it was potentially dangerous and capable of killing a child.
“Furthermore, we said that her breach of that duty of care was such that a jury would consider it to be so gross that it amounted to a crime.
“There is no doubt - and it was accepted by the defence - that Jacqueline Simpson owed a duty of care towards her granddaughter.
“However, the jury by its verdict have accepted that, if there was a breach of her duty of care, it was not such that it amounted to a crime.
“This prosecution cannot, of course, bring Ellie back, but when anyone is killed following an attack by a dog and where there is evidence of a criminal offence, the police will investigate and the CPS will prosecute.
“Once again, all those involved in the prosecution team wish to express their sincere condolences to the parents of Ellie Lawrenson.�