Fresh Inquest Ordered in 50-Year-Old Scalding Death Case

A fresh inquest has been ordered into the death of five-year-old Andrea Bernard, who was fatally scalded in a bath nearly 50 years ago. The High Court's decision comes after her stepmother, Janice Nix, was convicted of manslaughter earlier this year and sentenced to 12 years in prison.

In 1978, a coroner recorded a verdict of accidental death in Andrea's case. However, the truth began to emerge decades later when, on September 11, 2022, Desmond Bernard, Andrea's brother, reported new information to police. At the time of his sister's death, Desmond was eight years old and initially supported Nix's account that Andrea had been in the bath alone while Nix was outside.

Nix, who was 19 at the time of the incident, claimed she had been in the garden with Desmond. But Desmond later told detectives a "chilling" account, detailing regular violence from Nix towards the children, including beatings, the use of belts, and forcing him to eat cat food. He described these as punishments for perceived misbehavior.

On the day of Andrea's death in June 1978, Desmond told police that Andrea had been reluctant to return home from school, fearing Nix's anger for not staying home to clean. He heard Nix run a scalding hot bath and call for Andrea to get in. Desmond, who was in his bedroom next door, heard his sister scream, "Mummy, it's hot, it's hot." He entered the bathroom to find Nix holding Andrea's limp body, with skin already peeling from her legs.

Desmond's account was suppressed at the time because Nix allegedly promised to stop beating him if he adhered to her story that Andrea was alone. He kept quiet until 2021, when Nix released a memoir titled 'Breaking Out,' detailing her journey from drug dealer to probation officer. This memoir prompted Desmond to come forward.

During Nix's criminal trial in June of this year, a pathologist testified that the infection was caused by the burns, the injury pattern was inconsistent with an accident, and the water temperature was capable of causing burns within seconds. These findings led to Nix's conviction for manslaughter.

Following the conviction, an application was made to quash the original inquest verdict. The Senior Coroner for West Sussex, Brighton, and Hove, Penelope Schofield, applied to the High Court to hold a new inquiry. In a judgment delivered this week, Lord Justice Singh, sitting with Lord Justice Fordham, stated that it is in the "interests of justice" for a new inquest to take place to investigate and record the true circumstances of Andrea's death. Andrea's surviving family has been informed and supports the application.

"In light of recent developments, in particular the conviction of Janet Nix for the manslaughter of Andrea, we have reached the conclusion that it is in the interests of justice that the inquest in 1978 be quashed and a new inquest held," Lord Justice Singh stated. He added that the conviction has direct relevance to how Andrea died, making a new inquest both necessary and desirable.

Recalling the events, Desmond Bernard described hearing Nix shouting and hitting Andrea before the bath was run. He remembered Andrea's pleas, "The bath is too hot, mummy," followed by silence and Nix telling Andrea to wake up. He stated that police at the time showed only a cursory interest and accepted the version of events provided by Janice and himself. "She asked me to say it was an accident," Desmond later testified. "To say that we were in the garden when it happened, and that she would never beat me again. I lied, I told everyone that story."

Police officers, friends, hospital staff, and Andrea's biological parents were all told that Nix was in the garden when Andrea took her bath alone. Desmond explained his silence by saying, "I didn't feel protected, I just wanted it to stop, and that was the only way I thought I could stop it."