Two-year-old girl fell in pond and died as mum and gran weren't paying attention
A two-year-old girl fell into a pond and drowned whilst her mum and gran tended to their horses instead of watching her.
Masie Lomax-Newton was at her family's farm with her younger brother, mum Emma Lomax-Newton, 30, and gran Cindy Molyneux, 52, whilst she played by herself. CCTV footage captures some of the youngster's last moments as she gaily splashes through puddles, and runs back and forth on the farm - before she goes to a pond by herself.
On that morning in November 2021, she was unsupervised for around thirty minutes, when she fell into the pond and spent 19 minutes in the water before her family members were aware of her absence. Its fence, Manchester Crown Court heard, had partly fallen down.
The tot was rushed to hospital but sadly died the following day. Both women previously pleaded guilty to child neglect and it was indicated to them at the time by the judge that they wouldn't be sent to prison.
Prosecutor Rachel Shenton told the court that on November 8 2021, two-year-old Masie and her one-year-old brother were taken by Lomax-Newton and Molyneux to Crab Fold Farm in Atherton for their regular daily visit. They kept six horses there, and also looked after other horses belonging to other people, the prosecutor said.
Man in 30s dies after being stabbed in park sparking police probe
The family arrived around 10am, before carrying out various errands such as mucking the horses out, cleaning the paddocks and general maintenance. Masie could be seen on the CCTV playing by herself, splashing in puddles and sitting on a bench near to the pond, the Manchester Evening News reported.
Ms Shenton detailed a few occasions when Masie was out of sight of both women for a number of minutes whilst playing around the farm, before coming back into view. The prosecutor said: "There was plastic fencing around the pond area, though it appeared to be down in one particular area. Masie was seen there alone for four minutes between 12.18pm and 12.23pm, splashing in puddles.
The youngster was unsupervised for 30 minutes, and spent 18 of those in the pond (Men Media)
They were sentenced to a community order and rehabilitation activity (Men Media)"At 12.22pm she then goes back to the farm and is playing by herself before wandering towards a muck heap. Then from 12.47pm to 12.59pm she is seen walking to the right side of the pond before falling in."
Molyneux was next seen looking for Masie, along with Lomax-Newton before they found her at 1.18pm that day. The court heard that she had been in the pond for 19 minutes and out of sight and unattended for 33 minutes.
Emergency services were called and Masie was taken to the Royal Oldham Hospital where she was treated for a global hypoxic brain injury. She sadly died on December 1, with her cause of death being recorded as bronchopneumonic brain injury as a result of drowning.
Both women were interviewed by police, with Molyneux admitting that Masie had been out of her sight for 10 minutes. She later said that she had a large responsibility for looking after the children and said she did not see Masie by the pond.
Lomax-Newton maintained that her mum looked after the children whilst on the farm, and said she had seen Masie 10 minutes before they found her. Neither women was said to have previous convictions on their records.
Whilst no statement was read in open court on behalf of the family, the judge said the wider family had been significantly affected, though to a “greater extent” the defendants were affected themselves.
Mitigating for Molyneux, Rachel Cooper said the harm caused was “permanent and palpable” and the family had to live with Masie’s loss, beyond any sentence. She added: "A child left unsupervised for one minute can cause themselves serious harm, just as a child left for half an hour may come to no harm at all"
Judge Nicholas Dean KC, presiding over the case, said: "What happened here could have happened to almost any mother or grandmother, even the most caring and careful. A child left unsupervised for one minute can cause themselves serious harm, just as a child left for half an hour may come to no harm at all.
Russian model killed after calling Putin a 'psychopath' was strangled by her ex
“There is an element of neglect here but punishment lies in the consequence of that neglect and the fact of the prosecution. It's a human frailty. There was no malevolence here, just a caution that you cannot ever be too careful."
Ms Cooper added that there was no suggestion that Masie was “anything other than a loved, wanted and cared for child”. As a consequence of her death, social services became involved and found Molyneux to be a “loving and dedicated grandmother”, and said the entire family have supported both women.
Judge Dean described the incident as “unconscious complacency”, in which one parent or guardian thinks the other is supervising, then that is actually not the case.
Gwen Henshaw, mitigating for Lomax-Newton, said: "What actually happened that day was that each of the defendants thought Masie was being looked after by the other and they were unable to keep a proper accurate record. She has been punished beyond any sentence the court can impose."
The barrister said Masie was described as a 'bright, loving, bubbly child who enjoyed books, singing and dancing'. "She was a much wanted and loved child," she said.
Lomax-Newton had a happy pregnancy and had been looking forward to the arrival of Masie, and when she was born, she bought a pony for her so she could share in her family's love for animals, Ms Henshaw said.
"Since the loss of Masie, she has completed all that has been asked of her by social services, and she has shown she is more than capable of being a loving and caring mother."
Sentencing them, the Recorder of Manchester said it was almost exactly two years since Masie died. "There is no question in this case of any sort of deliberate neglect. What happened is that you were complacent in your care of Masie," he said. "Plainly there is some fault in respect of each of you, but punishment for that fault lies in Masie's death. Most cases of child cruelty involve a much higher degree of negligence or cruelty towards the children - this is not the case."
Lomax-Newton and Molyneux were both sentenced to a 12 month community order and 15 days of rehabilitation activity requirement days.
Read more similar news:
Comments:
comments powered by Disqus
