Toddler suffocated soon after being assaulted, says coroner, but Paul Worthington is unlikely ever to face trial

This article is more than 2 years old

This article is more than 2 years old

A “fit and active, robust little girl” suffocated after being sexually abused by her father, a coroner has ruled.

Poppi Worthington died just over five years ago at her home in Barrow-in-Furness, Cumbria, after spending part of the night in bed with her father, Paul Worthington.

David Roberts, the senior coroner for Cumbria, ruled on Monday that the 13-month-old had been sexually assaulted by her father just before her death, after a postmortem found suspicious injuries in her anus. The coroner concluded that Poppi had died from asphyxiation after Worthington brought her into his bed to abuse her and she was unable to breathe properly afterwards.

Worthington has been investigated several times over Poppi’s death but never charged and maintains his innocence. The Crown Prosecution Service (CPS) reviewed the evidence in 2016 and found there was “no realistic prospect” of a conviction after police failed to collect vital evidence.

Following the inquest at Kendal town hall, Jerry Graham, the chief constable of Cumbria police, apologised for “deficiencies in the original investigation”. He said he would be having “early discussions with the Crown Prosecution Service in order to determine possible courses of action”.

A lawyer for Poppi’s mother, who cannot be named, said she hoped the CPS would take “another look” at the case.

Roberts said a conclusion of unlawful killing was not available to him as he was not sure beyond reasonable doubt that Poppi died from an act of murder or manslaughter.

Although satisfied that she was sexually assaulted before her death, he concluded she did not die immediately afterwards and that penetration did not cause her death.

He said Poppi’s ability to breathe was compromised by an “unsafe sleeping environment” after her father had taken Poppi from her cot and placed her next to him in his double bed.

“Poppi was a fit and active, robust little girl … There is no evidence to suggest or support a natural cause of death. There is evidence that she has been placed in an adult’s bed alive and, sometime later, that she has been found there dead. I have found that, immediately prior to her death, Poppi was in an unsafe sleeping position, sharing a bed with an adult,” said Roberts.

The coroner said Poppi, who at the time was suffering from an upper respiratory tract infection, died from asphyxia.

Worthington may never be put on trial because police failed to collect forensic evidence. The nappy Poppi was wearing, along with her pyjama bottoms and a pillow she slept with, were never recovered, nor the sheet on Worthington’s bed.

The parents’ laptop and mobile phones were never examined and it was not until more than eight months after the death that police started investigating properly and arrested Worthington and Poppi’s mother.

Timeline Investigation into the death of Poppi Worthington Show Hide Poppi Worthington dies suddenly, aged 13 months, at her home in Cumbria. Postmortem fails to ascertain cause of death. Poppi’s parents arrested and formally interviewed. Poppi’s father, Paul Worthington, is questioned on suspicion of sexually assaulting his daughter – an allegation he denies. The high court refuses to make public a fact-finding judgment surrounding Poppi’s death in case it prejudices any criminal trial. The Independent Police Complaints Commission (IPCC) begins an investigation into how the Cumbria force handled its inquiry into the death. An inquest lasting just seven minutes determines Poppi’s death is “unexplained”. No other details are revealed. The senior coroner for Cumbria, David Roberts, confirms he will ask for a fresh inquest in a written reply to lawyers representing various media organisations who argued the October hearing was insufficient and therefore unlawful. Cumbria police announce no charges will be brought against anyone over Poppi’s death. Paul Worthington is granted a review of the March 2014 medical evidence, which further delays publication of the original high court fact-finding judgment. High court judges order a fresh inquest after the first hearing deemed “irregular”. Justice Peter Jackson releases parts of his original fact-finding judgement, which reveal that Cumbria police did not conduct any “real” investigation into Poppi’s death for nine months despite a senior pathologist raising concerns the girl’s injuries were caused by “a penetrative sexual assault”. Family court judge states that Poppi was sexually assaulted by her father shortly before her sudden death. Full three-week inquest into Poppi’s death due to take place. The second inquest starts at County Hall, Kendal. HM senior coroner for Cumbria, David Roberts, rules that Poppi died after being suffocated after being sexually abused by her father.

The CPS assessed the available evidence and concluded in November 2016 there was no realistic prospect of conviction.

The inquest in Kendal was the second coronial investigation into Poppi’s death on 12 December 2012. The first inquest in October 2014 was quashed by the high court and deemed “irregular” after it lasted just seven minutes and called no evidence before concluding that Poppi’s death was “unascertained”.

Sustained media pressure eventually led to the second inquest, as well as proceedings in the family court, where the media were able to report in early 2016 that a high court judge had ruled that Worthington had probably sexually assaulted his daughter.

Forced to give evidence at his daughter’s second inquest, Worthington, a supermarket worker, appeared behind a screen shielding him from the public gallery, after claiming he feared for his life.

He refused to answer 252 questions as he exercised his legal right to not say anything that might incriminate himself. Instead he relied on previous statements he had given to police and the family court, frustrating Poppi’s mother.

Fiona McGhie, a lawyer at Irwin Mitchell representing the mother, said: “She is disappointed that Poppi’s father chose to rely on his right not to answer questions which may incriminate him. Whilst she understands he is entitled to do this, she considers that the coroner’s inquiry has been frustrated by this, she considers he should have given the coroner the crucial evidence of Poppi’s last few hours.

“This is now the third time a court has found, on the balance of probabilities, that Poppi was anally penetrated prior to death and my client hopes that the CPS will take another look at this case.”

Poppi’s mother told the inquest she had been asleep downstairs in the early hours of 12 December 2012 when she was woken up by Poppi screaming and Worthington came down to get a fresh nappy. He later told police he had put Poppi in his bed and she had settled by the time he had gone back up, but she had been limp or floppy when he had reached out in bed to touch her five or 10 minutes later. He then rushed downstairs and the child’s mother called an ambulance.

Paramedics carried out a “scoop and run”, delivering the apparently lifeless girl to Furness general hospital at 6.11am, but she never regained consciousness and was pronounced dead shortly after 7am. Medics noted the child was bleeding from her bottom.

In January 2016, as part of family court proceedings involving Poppi’s siblings, a judge revealed his findings that Worthington had probably sexually assaulted his daughter by anal penetration shortly before her death. The judge, Mr Justice Peter Jackson, had made the same ruling in secret in 2014.

An array of expert medical witnesses entered the witness box at Kendal town hall as the inquest was told Poppi’s cause of death remained “unascertained”.

The postmortem examination findings of the pathologist Dr Alison Armour – that Poppi had been penetrated and had tears in her bottom – were hotly disputed.

The inquest heard that Cumbria police’s investigation into the death had been so botched that vital evidence had been lost and exactly what had happened to Poppi would never be known.

The Independent Police Complaints Commission (IPCC) last year said senior detectives were “unstructured and disorganised”, and highlighted the lengthy delay in a criminal investigation taking place “despite there being significant suspicious circumstances from the outset”.