The incident took place on August 30, 2022 in a former childcare center in Eernegem (Ichtegem). That afternoon, the host mother discovered that Omélie (8 months) was no longer breathing. The host mother BM (55) tried to resuscitate him, while she asked her daughter to notify the emergency services. All help came too late for the baby. His head became trapped when the slatted base of the bed fell down.
In the meantime, the host mother had also informed Omélie’s parents. “On August 30, 2022, the heavens fell on those people’s heads,” master Mathieu Langerock pleaded. “They got the call that as parents you never hope to get.” According to their lawyer, the parents still have many questions. “They should not be punished severely, because of course those people did not do that deliberately.” The civil party did claim more than 132,000 euros in compensation for the parents and 25,000 euros in compensation for the victim’s sister.
Carelessness
The Public Prosecution Service emphasized that the case weighs heavily on all parties. “Omélie was a beautiful child and was loved by everyone present,” said prosecutor Lode Vandaele. The Public Prosecution Service noted that the host mother immediately responded well when she discovered the facts. “I wouldn’t have liked to be in her shoes. But was there an oversight? Sorry, I have to say yes.”
According to the Public Prosecution Service, the bed in question was not assembled correctly by the childminder’s partner. He put the frame of the bed together, but did not attach the slatted base to it. As a result, the slatted base actually only rested on iron pins. “When the slatted base was placed in, it was not level either, but it was a bit slanted.”
Moreover, the defendants must have been aware of that problem. The bed was in their bedroom, but was regularly closed and moved to another room. As a result, the pins in question sometimes fell out. “As a result, what was not supposed to happen happened and Omélie died unfortunately. That is even a serious lack of caution,” said prosecutor Lode Vandaele. The Public Prosecution Service did not demand any specific punishment.
No manual
“My clients absolutely never wanted this,” said master Alexander Verstraete. The defense explained that BM had been running a childcare center since 1995. In 2008, the couple moved from Ostend to Eernegem, where M. could care for a total of eight children. The older children slept in a separate room, while the youngest children were in their bedroom. On the day of the facts, Omélie was the only one in that bedroom.
According to Master Verstraete, the childminder bought three identical beds from Ferm about ten years before the facts. However, the defendants say they were not given any manual at the time. “As a result, her partner put all three beds together in the same wrong way. They both didn’t know it had to be done differently.” During Ferm’s inspections, no comment was ever made about the assembly of the beds. “It is also difficult for us to understand that Ferm is not here today. If my clients should have seen it, why not Ferm’s safety manager?” According to Master Verstraete, M. even acted with extra precaution, because she knew that the pins sometimes fell out. “If it is mounted correctly, those pins cannot fall out,” the chairman responded.
Acquittal
The defense requested acquittal for both defendants. Subordinately, Master Verstraete stated that the investigation was taking an unnecessarily long time. Due to the fact that the reasonable period has been exceeded, a simple declaration of guilt should suffice, according to Master Verstraete. The Public Prosecution Service left the decision on that issue to the court. “But a good and long investigation is better than a quick and bad investigation,” he said. Finally, the prosecutor agreed with a suspension of sentence. Verdict on March 2.
