A two-year-old girl fell into a pond and died whilst her mum and grandma tended to their horses instead of watching her. Masie Lomax-Newton was at her family’s farm with her younger brother, mum Emma Lomax-Newton, 30, and gran Cindy Molyneux, 52, whilst she played by herself.
On CCTV footage she was splashing in puddles, running back and forth around the farm and joining her gran before going to the pond by herself. During that morning in November 2021 she was unsupervised for thirty minutes when she fell into a fenced off pond, which had partially fallen down, Manchester Crown Court heard.
She was rushed to hospital but sadly died the following day. Both women previously pleaded guilty to child neglect and it was indicated to them at he time by the judge that they wouldn’t be sent to prison.
Prosecutor Rachel Shenton told the court that on November 8 2021, two-year-old Masie and her one-year-old brother were taken by Lomax-Newton and Molyneux to Crab Fold Farm in Atherton for their regular daily visit. They kept six horses there, and also looked after other horses belonging to other people, the prosecutor said.
Emergency services were called and Masie was taken to the Royal Oldham Hospital where she was treated for a global hypoxic brain injury. She sadly died on December 1, with her cause of death being recorded as bronchopneumonic brain injury as a result of drowning.
Both women were interviewed by police, with Molyneux admitting that Masie had been out of her sight for 10 minutes. She later said that she had a large responsibility for looking after the children and said she did not see Masie by the pond.
Lomax-Newton maintained that her mum looked after the children whilst on the farm, and said she had seen Masie 10 minutes before they found her. Neither women were said to have previous convictions on their records.
Whilst no statement was read in open court on behalf of the family, the judge said the wider family had been significantly affected, though to a ‘greater extent’ the defendants’ were affected themselves.
Mitigating for Molyneux, Rachel Cooper said the harm caused was ‘permanent and palpable’. “The family has to live with the loss of Masie far beyond any sentence,” she said.
Judge Nicholas Dean KC, presiding over the case, said: “What happened here could have happened to almost any mother or grandmother, even the most caring and careful.
“A child left unsupervised for one minute can cause themselves serious harm, just as a child left for half an hour may come to no harm at all. There is an element of neglect here but punishment lies in the consequence of that neglect and the fact of the prosecution.
“It’s a human frailty. There was no malevolence here, just a caution that you cannot ever be too careful.”
Ms Cooper added that there was no suggestion that Masie was ‘anything other than a loved, wanted and cared for child’. As a consequence of her death, social services became involved and found Molyneux to be a ‘loving and dedicated grandmother’, and said the entire family have supported both women.
Judge Dean described the incident as ‘unconscious complacency’, in which one parent or guardian thinks the other is supervising, then that is actually not the case.
Gwen Henshaw, mitigating for Lomax-Newton, said: “What actually happened that day was that each of the defendants thought Masie was being looked after by the other and they were unable to keep a proper accurate record.
“She has been punished beyond any sentence the court can impose.”
The barrister said Masie was described as a ‘bright, loving, bubbly child who enjoyed books, singing and dancing’. “She was a much wanted and loved child,” she said.
“Since the loss of Masie, she has completed all that has been asked of her by social services, and she has shown she is more than capable of being a loving and caring mother.”
She added that her client was a ‘suitable candidate for help’ after struggling with mental health difficulties, and was ‘desperately, desperately sorry’ for what happened.
Lomax-Newton and Molyneux were both sentenced to a 12 month community order and 15 days of rehabilitation activity requirement days.
Little girl fell in pond and died as mum and gran didn't pay attention
Emma Lomax-Newton, 30, and Cindy Molyneux, 52, admitted child cruelty
Life can be so cruel.
