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12:22 04/05/2021
Two siblings have been found guilty of manslaughter after pushing food into the mouth of a sleeping man, following a British Transport Police investigation.
Following a two-week trial David Noble, aged 34, of Main Street, Grange-Over–Sands and his sister Nicole Cavin, aged 24, of Market Street, Flookburgh, were both found guilty of manslaughter at Preston’s Nightingale Court at Preston North End football club on Friday, 30 April.
Both will be sentenced at a later date.
The brother and sister fed kebab meat to the intoxicated 56-year-old victim, David Clark, on a train to Barrow on March 2, 2019.
The court heard how the siblings, who both knew the victim but had been returning from a separate day out, ended up sitting together when the victim and his friend boarded the same train at Lancaster.
According to witnesses the victim appeared to be sleeping when the siblings began inserting the kebab meat into his mouth.
The victim eventually involuntary vomited and awoke but collapsed as he attempted to stand.
Cavin, who was employed as a carer at the time of the incident, removed some meat from the victim’s mouth.
When paramedics arrived they removed more food from the victim’s throat before he was rushed to hospital where he died the following day.
Investigating officer DS Gemma Jones said: “This is an incredibly tragic case and we send our heartfelt sympathies to the family of the victim David Clark.
“We are pleased that the case has finally been brought to a conclusion.”
Detective chief inspector Steve May added: “This was an unusual and highly complex legal case and I commend the courage of those witnesses who came forward and provided statements and those who attended court to give evidence.
“The dignity and composure of Mr Clarks’ family has been exemplary throughout and I hope that they can take some comfort in the knowledge that justice has been done.
“Our investigative team deserve mention for their consistent and thorough work to see this case brought to its conclusion.”
The family of David Clark today released this tribute:
“David was a loving husband, father, brother and friend and a popular character in the local community. His death has left a large void in our lives.
“We would like to ask that our family's privacy be respected at this time and for us to be allowed to come to terms with today’s verdict and to grieve and remember a much loved husband, father and brother in private."