§ Mr. BrakeTo ask the Attorney-General if he will make a statement on the decision not to prosecute Asda or its staff following the death of Mr. Anthony Robert Stewart. [66848]
The Attorney-GeneralOn 16 October 1997 Mr. Anthony Robert Stewart died following an incident in the restaurant at Asda Superstore in Wallington. Mr. Stewart had been restrained by members of Asda staff.
The pathologist concluded that the cause of death was asphyxiation due to the position in which Mr. Stewart had been restrained: postural asphyxiation.
The police investigated the incident and the members of staff were interviewed under caution. The police sent a file of evidence to the Crown Prosecution Service.
As with all cases which involve the unexpected death of persons, effectively in custody, the papers received the most careful scrutiny and consideration to determine whether a criminal offence may have been committed. The reviewing Crown Prosecutor considered possible offences of assault and manslaughter against the individuals and corporate manslaughter against Asda. In addition, the Crown Prosecutor obtained the advice of Senior Treasury Counsel.
The Crown Prosecution Service concluded that there was insufficient evidence for a realistic prospect of conviction of a criminal offence by any one of the individuals involved or by the company, arising out of Mr. Stewart's tragic death.