Tenbury Wells couple whose baby drowned in the bath jailed

Tenbury Wells couple whose baby drowned in the bath jailed



A couple whose baby son drowned in the bath while they drank beer and listened to UB40 have been jailed for a total of eight-and-a-half years.

Wayne Dale, 44, and partner Lisa Passey, 28, left 13-month-old son Kian Dale in a bath seat while they entertained friends downstairs.

A court heard the couple burned a CD of UB40 for a pal while listening to music, drinking beer and smoking cigarettes at their home in Tenbury Wells, Worcestershire.



The couple left the tot on his own after putting him in the seat which was attached to the bottom of the bath with a suction cup at 5.30pm on September 26, 2015.

Passey returned 13 minutes later she found her son lifeless in the bath.

Earlier this month a jury of seven men and five women found the couple guilty of gross negligence manslaughter after a two week trial at Worcester Crown Court.

Today, Judge Robert Juckes, QC jailed Dale for four years and six months and Passey for four years.

After the case, Emily Lenham, Senior Crown Prosecutor from West Midlands Crown Prosecution Service, said: 'Both defendants were fully aware that Kian, their 13-month-old child, had been left unsupervised in a bath full of water.

'This was not an isolated occurrence. During their trial, it was established that the couple routinely left Kian alone while he was in the bath.



On this occasion, he was left for nearly 15 minutes while both parents were downstairs socialising.

'The death of Kian Dale was tragic and completely avoidable.

'Wayne Dale and Lisa Passey owed their son a duty of care, to protect him from harm, but they failed in that duty and due to their grossly negligent acts both were responsible for his death.'

During the trial, the court Dale burned a CD of UB40 at from Passey's friend Jeanette Morgan.

Evidence showed his laptop had been in use between 5.33pm and 5.46pm.

When he went back upstairs he found his son submerged in the bath, scooped him out and ran downstairs screaming.

Passey's neighbour Julia Bright told the court: 'Jeanette said to me that a little baby had been drowned, could I come and help.



'I ran down the path to the end house. I went into the house and into the kitchen.

'I saw a little boy on the floor lying on his back - it looked like he was not breathing.

'I also saw a male on his hands next to the boy, I now know that was the little boy's father, Wayne.

'Also in the house was a female, I now know that was Lisa, the little boy's mum.

'Wayne was doing CPR on the little boy. There was a phone on the floor and I could hear someone giving instructions.

'I knelt down to the boy and started to do mouth to mouth, I think for about a minute.

'The police arrived shortly after and took over.'



Describing entering the house, special constable Ryan Davis, of West Mercia Police, told the court: '[Passey] seemed to be in quite a sad state of distress.

'She was screaming and crying, hoping we could help.

'I came to see the father. He was on his knees or lay down giving CPR to the baby. I believe he was saying: 'Come on my boy', as he was doing the actions.

'Unfortunately there was no sign of life. His eyes were glazed over, his eyelids were half open and he was lay motionless on the floor on his back.

'He (Dale) was walking around outside the ambulance in a state of distress.

'I attempted to calm him, not knowing what else to do or say in the circumstances.

'He made mention that he was only downstairs for a minute rolling a cigarette and having a beer.

'He then made mention to burning a CD. I recall I thought it would take more than a minute to roll a cigarette, have a beer and burn a CD.'