A housewife who accidentally killed a girl on her 11th birthday while trying to kill bedbugs in her flat with illegally imported poison was spared a prison sentence on Thursday because of her “deep remorse”.
Jesmin Akter, 34, had aluminium phosphide imported from Italy to deal with a bedbug infestation in her flat in Nida House, Tower Hamlets, East London.
A mother-of-two failed to read the packet before delivering a lethal amount of drugs around the house and locked her family out for 24 hours.
The substance reacted with moisture to form the poisonous gas phosphine, which has been likened to a chemical warfare agent.
The fire, which spread to neighboring apartments, caused the death of Fatiha Sabrin on her birthday and the hospitalization of another child on December 11, 2021.
Akter pleaded guilty to manslaughter by committing an unlawful act and importing a regulated substance.
‘Serious depression and anxiety’
Judge Durran gave Akter a two-year prison sentence suspended for two years, citing his remorse and deteriorating mental health. Akter must also complete 150 hours of unpaid work, a 25-day rehabilitation activity requirement and 10 to 12 sessions of psychological therapy.
The judge noted that the defendant’s apartment had a problem with bedbugs, adding: “The landlord has taken some precautions, but these appear to be rather superficial and it appears that the employees who have carried out fumigation in the past were poorly trained or had no training at all.”
“I know that you are struggling with a paralyzing sense of guilt over your actions and that this has led to severe depression and anxiety,” he said.
“You will never be able to forget that what happened to Fatiha was because of your actions.
“A young life full of hope was lost.
“Against this I bear in mind your good character, your limited culpability, your strong personal mitigating circumstances and the impact that your immediate imprisonment would have on your children.
“I also bear in mind your deep regret and deteriorating mental health.”
‘Intelligent child’
With the help of a Bengali interpreter, the actress wore a niqab covering her head and mouth as she served her sentence.
Speaking in a victim impact statement, Fatiha’s father, Muhammed Islam, said his daughter’s birthday was now a date that haunted the family.
He said he was “an incredibly smart kid who was friends with everyone.”
Fatiha’s mother said Kaniz was heartbroken and described Fatiha as her “mother’s rock and best friend”.
The court heard that the defendant imported aluminium phosphide from Italy without a licence on 26 November 2021.
The woman initially told police she had bought the substance from a shop, but later admitted that her mother had brought it from Bangladesh to Italy.
Toxic gas
Prosecutor James Dawes KC said Akter had thrown pellets around his flat to tackle the bed bug problem, and the resulting poisonous phosphine gas had spread to other flats.
The level of phosphine gas in Fatiha’s home is estimated to be between 2.5 and 26 times the known lethal dose.
Fatiha woke up at 04:00 on the morning of December 11 and told her mother that she had to go to the toilet and that she had vomited.
Her mother called her GP and the 111 helpline before dialling 999 at 9.30am.
After the first aid, health workers advised Fatiha to take diarrhea medication and eat plain food.
The court heard that London Fire Brigade checked for carbon dioxide poisoning but found nothing. Meanwhile, other residents began coughing, raising Covid fears.
‘Chemical warfare’
At 13:30, Fatiha was called to the emergency room again as her condition worsened.
Health officials determined that he had stopped breathing and lost consciousness at 15:30, and that he died at the hospital where he was taken at around 17:00.
The fire department declared a hazardous material incident and poison was detected during the checks.
Mr Dawes said phosphine was considered “on a par with chemical warfare agents” and children were particularly vulnerable to exposure to it.
Firefighters who entered the defendant’s apartment found grey powdery residue on surfaces and in the sink.
The court heard that the amount Akter used was approximately three times the amount recommended by the manufacturer for use in commercial warehouses and that the substance was not suitable for use in residential homes.
‘Deep regret’
Mr Dawes said the defendant showed “deep remorse” and tried to help the victim without knowing he had caused her illness.
Akter said in her handwritten statement that she bought the “bedbug prevention” product on the advice of her family but did not read the packaging.
The woman, who said she was unaware that the product contained a dangerous poison, said she “fell into desperation after the homeowner tried and failed to get rid of the infestation.”
He apologized to Fatiha’s family.
The court was told that Nida House is owned and managed by Nabiganj Investment Company Ltd, a family-owned company with 160 properties.
Akter studied in Bangladesh to A-level standard. She got married in 2008 and moved to the UK in 2016.