A TAKEAWAY boss jailed after a girl died from a peanut allergy reaction has won an appeal against his conviction.
Mohammed Abdul Kuddus got two years in November over the death of 15-year-old Megan Lee in Oswaldtwistle, Lancs.
Mohammed Abdul Kuddus (left) and Harun Rashid (right) were both found guilty of manslaughter after Megan Lee died from a nut allergy[/caption]
But Court of Appeal judges quashed his manslaughter conviction.
Megan ordered a meal from his Royal Spice takeaway using the Just Eat delivery website in 2016.
She wrote “prawns, nuts” to highlight her allergies yet the meal contained peanut proteins.
He knew nothing of the allergy which she had declared. The conviction for gross negligence manslaughter cannot stand
Sir Brian Leveson
Megan suffered a severe allergic reaction and died in hospital two days later on New Year’s Day 2017.
But Sir Brian Leveson, announcing the decision, said there was no evidence the comments were passed on to Kuddus, 40.
Sir Brian said: “He knew nothing of the allergy which she had declared. “In those circumstances, the conviction for gross negligence manslaughter cannot stand.”
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Despite the fact that the appeal judges overturned Kuddus’ conviction, Sir Brian warned: “There is now a general awareness of the potential risks to those who suffer from allergies.
“As a result, it should be understood that the courts will rigorously scrutinise the way in which restaurants discharge the duty of care that they owe such customers.”
Manager Harun Rashid, 38, was found guilty of manslaughter too and jailed for three years.
Megan ordered a meal from his Royal Spice takeaway using the Just Eat delivery website and died two days later on New Year’s Day[/caption]
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