Poppi Worthington: Prosecutors consider coroner's ruling Published duration 17 January 2018 Related Topics Poppi Worthington death

image copyright Family photo image caption Poppi Worthington was blue and not breathing when she was taken to hospital

Prosecutors are considering the findings of a fresh inquest into the death of toddler Poppi Worthington after the coroner ruled she was sexually assaulted by her father.

David Roberts concluded on the balance of probabilities that Poppi was abused before she died on 12 December 2012.

Her father, Paul Worthington, denies the accusation.

The Crown Prosecution Service (CPS) said it would look carefully at the judgement along with Cumbria Police.

Mr Roberts, senior coroner for Cumbria, ruled, in a third court judgment on the case , that the 13-month-old died from asphyxia following the assault at her home in in Barrow-in-Furness.

He said she died because her ability to breathe was compromised as a result of "an unsafe sleeping environment."

During a three-week inquest at Kendal Coroner's Court, Poppi's father declined to answer 252 questions relating to the circumstances surrounding her death.

However, Mr Worthington did tell the hearing he had gone to get Poppi a fresh nappy and a few minutes later he reached over and found her limp.

The toddler was pronounced dead at Furness General Hospital shortly after.

image copyright Kelvin Media image caption Paul Worthington denies abusing his daughter and has faced no charges

Mr Roberts said: "A coroner must adjourn an inquest and notify the Director of Public Prosecutions , if during the course of an inquest, it appears to the coroner that the death of the deceased is likely to have been due to a homicide offence and that a person may be charged in relation to the offence.

"For the reasons that should be clear from my conclusion that provision did not apply. That said I have sent a copy of my decision to the CPS for their consideration.

"It is a matter for the CPS to consider my decision, not for me to make recommendations."

Coroner's powers

Despite the coroner's conclusion, the CPS has said the prospects of another criminal investigation remain slim.

The burden of proof in a criminal court is higher than that of a coroner's court and the CPS must be confident of a conviction before it sanctions any re-investigation.

It has previously said it would be difficult to secure a conviction because of the lack of physical evidence.

Rule 25 of the Coroners (Inquest) Rules 2013 state that "a coroner must adjourn an inquest and notify the Director of Public Prosecutions, if during the course of an inquest, it appears to the coroner that the death of the deceased is likely to have been due to a homicide offence and that a person may be charged in relation to the offence".

Mr Roberts was clear that provision did not apply.

He has sent, as is normal practice, a copy of his conclusions to the CPS, but did not and cannot make any recommendations as to what actions, if any, should follow.

A spokesman for the CPS said: "We have received a copy of the coroner's decision and will now consider this carefully in liaison with Cumbria Constabulary."

Minister for Crime, Safeguarding and Vulnerability, Victoria Atkins, added: "The tragic circumstances surrounding the death of Poppi Worthington are extremely distressing.

"We were deeply concerned about the findings in the Independent Police Complaints Commission report into Cumbria Constabulary last year.

"Cumbria Constabulary have accepted their failings in this case. We trust improvements will continue in order to keep vulnerable people safe from harm."

image copyright PA image caption Cumbria coroner David Roberts oversaw the inquest

Poppi's mother, who cannot be named for legal reasons, has called for prosecutors to re-examine the case following Monday's ruling, which mirrored two fact-finding judgments by a High Court family judge in 2014 and 2016 that Mr Worthington abused his daughter shortly before her death.