by A housewife who accidentally killed a girl on her 11th birthday while trying to exterminate bed bugs in her flat with illegally imported poison was jailed on Thursday for her “profound misery”.
Jesmin Akter, 34, imported aluminum phosphide from Italy to treat a bed bug infestation at her flat in Nida House in Tower Hamlets, east London.
The mother-of-two failed to read the packaging before distributing a lethal dose around her flat and took her family out for 24 hours.
The substance reacted with moisture creating the poisonous gas phosphine, similar to chemical warfare agents.
He drove into apartments in the neighborhood, killing Fatiha Sabrin on her birthday and putting another child in the hospital on December 11, 2021.
Akter admitted to manslaughter by unlawful taking and importing a controlled substance.
‘Severe depression and anxiety’
Judge Durran gave Akter a two-year prison sentence suspended for two years after she pleaded remorse and deteriorating mental health. Akter must also complete 150 hours of unpaid work, a 25-day rehabilitation activity requirement and between 10 and 12 psychological therapy sessions.
The judge noted that there was a problem with bed bugs in the defendant’s block of flats, telling him: “The landlord had taken some action, but it seems a bit erratic and the employees who used to do the fumigation were not in the past. they seem to be educated or well educated at all.”
She said: “I know you are overwhelmed by the terrible guilt of your actions and it has resulted in severe depression and anxiety.
“It is unlikely that you will ever realize that what happened to Fatiha was a result of your actions.
“A young life full of promise has been lost.
“On the other hand I remember your good character, your limited criminality, your strong personal humility and the impact your immediate imprisonment would have on your children.
“I also remember your deep remorse and your deteriorating mental health.”
‘smart kid’
Akter, assisted by a Bengali interpreter, wore a niqab covering her head and mouth as she was sentenced.
In a victim impact statement, Fatiha’s father, Mohammed Islam, said his daughter’s birthday has become a date the family enjoys.
He said she was a “great, smart kid” who “made friends with everyone”.
He said Fatiha’s mother, Kaniz, is heartbroken and described Fatiha as a “mother’s rock and best friend”.
The court heard how the defendant imported the aluminum phosphide from Italy without a license on November 26, 2021.
At first, she told the police that she bought the substance in a shop, but later she admitted that her mother had brought it to Italy from Bangladesh.
Toxic gas
James Dawes KC, prosecuting, said that after Akter spread pellets around his flat to tackle a bed bug problem, the toxic gas phosphine he created escaped into other flats.
He said the levels of phosphine gas in Fatiha’s home were estimated to be between two and a half and 26 times the known lethal dose.
Fatiha woke up at 4am on December 11 and complained to her mother that she needed the toilet and was vomiting.
Her mother called her GP and the 111 helpline before calling 999 at 9.30am.
At first, paramedics advised Fatiha to take diarrhea medication and eat simple food.
The London Fire Brigade checked for carbon dioxide poisoning but found nothing, the court heard. Meanwhile, other residents started coughing, fearing Covid.
‘Chemical warfare’
At 1.30pm, the emergency services were called again as Fatiha’s condition worsened.
Paramedics discovered she stopped breathing and fell unconscious at 3.30pm and died in hospital just before 5pm.
The fire brigade declared a hazardous material incident and further checks identified the poison.
Mr Dawes said phosphine was considered “similar to chemical warfare agents” and children were particularly at risk of exposure.
Upon entering the defendant’s apartment, firefighters found a gray powdery residue on surfaces and in the sink.
The quantity Akter used was almost three times the amount recommended by the manufacturer for use in commercial warehouses and the substance was not for use in premises, the court heard.
‘Deep regret’
Mr Dawes said the defendant had shown “deep remorse” and had tried to help the victim without knowing she had caused the illness.
In a handwritten statement, Akter said she got the “anti-bedbug” product on the advice of her family, but did not read the packaging.
She said she did not know the product contained dangerous poison, saying she was “desperate after the landlord tried and failed to get rid of the infestation”.
She apologized to Fatiha’s family.
The court was told that Nida House was owned and managed by Nabiganj Investment Company Ltd, a family company that owns 160 properties.
Akter was educated to A-level standard in Bangladesh. She married in 2008 and moved to Britain in 2016.
