An East London housewife, who accidentally killed an 11-year-old child with a toxic gas used to exterminate bedbugs, has avoided a prison sentence. Mum-of-two Jesmin Akter, 34, had illegally imported aluminium phosphide from Italy hoping to curb an infestation in her flat at Nida House, Tower Hamlets, East London.
She neglected to read the fine print before scattering a lethal concentration around her residence and vacating the premises with her family for a day’s duration. Upon contact with moisture, the said substance released a fatal gas called phosphine, akin to chemical warfare agents.
The hazardous vapour infiltrated neighbouring flats, claiming the life of Fatiha Sabrin on her 11th birthday and causing another minor to be admitted in hospital on December 11, 2021. Akter pleaded guilty to the charges of manslaughter by committing an unlawful act and illegally importing a regulated substance.
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On Thursday, July 18, she received a suspended jail term of two years and 150 hours of community service. Judge Alexia Durran of the Old Bailey made note of the persistent issue of bedbugs in the defendants apartment complex. She commented: “The landlord had taken some action but it appears to have been rather cursory and the employees used to carry out the fumigation in the past do not appear to have been well trained or trained at all.”
The decision taken by Akter to import aluminium phosphide aboard a passenger flight from Italy could have potentially resulted in a catastrophic mid-air incident and put hundreds of lives at risk if the packaging had been compromised, added Judge Durran.The judge revealed that after Akter distributed the tablets in her flat, other residents, including children, started feeling sick within a “relatively short period”.
A poignant statement from Fatiha’s devastated father, Mohammed Islam, was referred to by the judge. Mohammed described his daughter as an “amazing, intelligent child who made friends with everyone and was a great help to her mother”.
Sentencing, the judge said: “Fatiha died on her 11th birthday. It is now a date that haunts her family. The sentence I impose will not bring Fatiha back and will seem inadequate to Fatiha’s family.”
The judge acknowledged Akter’s previous good character and told her: “I understand you are overwhelmed with crippling guilt. It seems highly unlikely you will ever forget what happened to Fatiha was the result of your actions. A young life full of promise has been lost.”
The court heard that the defendant had imported the aluminium phosphide from Italy without a licence on November 26, 2021. Initially, she told police that she had bought the substance in a shop but later admitted her mother had brought it to Italy from Bangladesh.
Prosecutor James Dawes KC explained that after scattering pellets around her flat to tackle a bedbug problem, the toxic gas phosphine it created then escaped into other flats. He said the levels of phosphine gas which escaped into Fatiha’s home was estimated as being between two-and-a-half and 26 times the known lethal dose.
Fatiha felt unwell at 4am on the 11th of December and alerted her mother, Kaniz, with complaints of needing the toilet and feeling ill. Her alarmed mother contacted both her GP and the helpline 111 before making a call to emergency services at about 9.30am. Early advice given by paramedics to Fatiha included taking diarrhoea medication and consuming bland food.
The London Fire Brigade carried out an examination for carbon dioxide poisoning but didn’t find any evidence of this, the court heard. In the meantime, other occupants of the property began coughing, fuelling fears of a Covid outbreak. At around 1:30 pm, with Fatiha’s condition deteriorating dramatically, emergency services were called again.
Paramedics arrived on site by 3:30pm and discovered that Fatiha had lost consciousness and stopped breathing, and she died in hospital shortly before 5pm. The fire brigade declared a hazardous materials incident and proceeded with further examinations which revealed the presence of poison.
Prosecutor Mr Dawes said: “Because the first attendance of London Ambulance and Fire Brigade had been done without full protective equipment, there was concern at the time as well.” The prosecutor also informed the court that phosphine is considered “on a par with chemical warfare agents” and its exposure poses a heightened risk to children.
Upon entering Akter’s flat, firefighters found a grey powdery substance scattered on various surfaces and inside the sink. Akter had reportedly used nearly three times the quantity recommended by the manufacturer for commercial warehouses, and was not permitted for use in residential settings, the hearing was told.
As to why Akter used such a dangerous substance, Mr Dawes relayed her justification, stating: “She used it in order to eliminate bed bugs she feared were in her flat. She stated she did not know there would be a risk of danger to her neighbours by using aluminium phosphide. She did, having put out the poison, take her family out of her flat for 24 hours.”
Mr Dawes stated the defendant had expressed “deep remorse” and attempted to aid the victim without realising she was the cause of her illness. According to a handwritten statement from Akter, she procured the so-called “anti-bedbug” product based on familial advice but did not consult the packaging.
Akter admitted she “did not know the produced contained a dangerous poison”, and that she was “desperate after the landlord tried and failed to get rid of the infestation”. She apologised to Fatiha’s family who had “paid the price” due to her actions. The court revealed that Nida House is owned and managed by the Nabiganj Investment Company Ltd, which handles approximately 160 properties.
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