A GP who completed the death certificate of a dementia sufferer was not in the position to certify the cause of death, a court heard yesterday.

Jury members in the trial of seven people charged with wilful neglect and a doctor accused of making false representations, heard evidence from former GP, Dr James Cox, who said there was insufficient information for Dr Sushma Ohja to have given the cause of Alan Sayers’s death.

Mr Sayers, 52, was found dead in his room at Mountleigh Care Home, Newbridge, on September 27, 2004 at around 4am. He was supposed to be receiving 24-hour one-to-one care.

Ohja examined Mr Sayers’ body at around 8.40am and completed the death certificate stating he had died of cardiac arrest and hypertension.

Dr Cox, who is an associate director of the National Clinical Assessment Service, told the court there was no record of Ohja ever seeing Mr Sayers before his death.

He said he would have queried the source of the blood and the death should have been reported to the coroners.

Representing Ohja, Nicholas Gedge said the certificate was signed off by another doctor and so if Ohja was at fault then he was as well.

Dr Dwarak Sastri, a consultant physician in geriatric medicine at University of Wales Hospital, Cardiff, said any number of causes of death were possible and he did not think any doctor would have been in the position to complete the certificate.

When Mr Sayers was examined by paramedics his jaw could not be opened, as rigormortis had set in.

Professor Peter Vanezis, an expert in forensic medicine, told the court rigor mortis could set in between two and three hours after death, but it was “not an exact science.”

Representing Salisu, Ieuan Rees asked Mr Sayers medication could have speeded up the process. Prof Vanezis said he could not exclude the possibility.

Proceeding.

Home's staff and doctor deny all charges

Mountleigh Care Home general manager Dawn Harris, 52, of Raglan Mews, Newport and care manager Enda Evans, 56, of Glyn Derw, Caerphilly, are jointly charged with wilfully neglecting Alan Sayers between December 18, 2002 and September 28, 2004.

Care assistants Rosslyn Jenkins, 54, of Alexandra Place, Newbridge, and Michael Lurvey, 54, of Greenfield, Newbridge, qualified nurse Musediq Salisu, 47, of Viscount Evan Drive, Newport, and agency care assistants Margaret Lewis, 60, of Prospect Place, Cwmbran, and Chengeta Kaziboni, 34, of Cowbridge Road West, Cardiff, are jointly charged with wilfully neglecting Alan Sayers between September 25 and September 28 2004.

GP Sushma Ohja, 55, of Hillside Park, Bargoed, is charged with making false representations on Mr Sayers's death certificate and cremation certificate and also falsely obtaining £50.70 from Gwent Police by claiming she attended the home in her capacity as a police doctor.

The care home is now called Millview House and Lodge and is run by Southern Cross Care Homes.