Warning: Graphic
Tragic toddler Poppi Worthington was seriously sexually assaulted in her father's bed before she suffocated to death, a coroner ruled today.
Cumbria senior coroner David Roberts said the "fit and active" 13-month-old was in an "unsafe" sleeping environment.
Roberts gave his damning verdict after a three-week inquest before Christmas at which Poppi's father Paul Worthington refused to answer questions about her death 252 times.
Poppi's mother said today she was "disappointed that Poppi's father chose to rely on his right not to answer questions which might incriminate him".
However Roberts could not say the abuse caused her death - and did not rule that she was unlawfully killed. He added that only Worthington could provide an account of "what happened upstairs".
The inquest was told an investigation by Cumbria Police was so botched that vital evidence was lost, so exactly what happened to Poppi will never be known and no one will be charged over her death.
But Cumbria Police, whose chief constable has apologised for the ineffective police investigation, said they will be "having early discussions with the Crown Prosecution Service to determine possible courses of action".
The coroner, sitting at Kendal Coroner's Court today, said Worthington's account of what happened did not "stand up to scrutiny".
Earlier, the girl's mother walked out as Roberts read out graphic details of the injuries that made a pathologist "sure" she had been abused before her death.
Roberts said a conclusion of unlawful killing was not available as he was not satisfied beyond reasonable doubt that Poppi died from murder or manslaughter.
Although convinced that she was penetrated before her death, he concluded she did not die immediately afterwards and that penetration did not cause her death.
He said the cause of death was asphyxia as he explained her ability to breathe was compromised by an "unsafe sleeping environment" after her father had taken Poppi from her cot and placed her next to him in his double bed.
Roberts said Poppi, who at the time was suffering from an upper respiratory tract infection, died from asphyxia.
He said the child was taken from her cot and put in Worthington's double bed, where she suffered a serious sexual assault.
Sleeping in the bed with her father and because of the infection her ability to breath was compromised, he said.
Roberts concluded: "The deceased died as a result of her ability to breathe being compromised by an unsafe sleeping environment."
Poppi's mother, who cannot be named for legal reasons, looked red-eyed and close to tears for much of today's three-hour hearing.
Sat alongside her legal team, she left court twice, the first time during graphic medical evidence about her daughter, and a second time, after the coroner reached the point where he ruled Poppi had probably been penetrated before her death.
The inquest heard that an investigation by Cumbria Police was so botched that vital evidence was lost, so exactly what happened to Poppi will never be known and no one will be charged with any offence over her death.
Worthington refused to answer questions about his daughter's death, exercising his legal right not to incriminate himself, during two days giving evidence.
He described his daughter as a "bully" but would not explain how her DNA came to be on his penis and refused to answer questions 252 times.
Roberts said: "As a result it was difficult to assess his overall demeanour and honesty.
"In the circumstances I conclude I could not form any reliable view as to his honesty based on his performance in the witness box."
Worthington, under Rule 22 of the Coroners (Inquests) Rules 2013, was not obliged to answer any questions tending to incriminate him.
The former supermarket nightshift worker repeatedly replied with the same stock answer: "I refer to my previous statements under Rule 22."
During one exchange, Kate Stone, representing the mother, asked him: "Why did you hurt your daughter, Mr Worthington?"
The witness shook his head and gave the stock reply he had used before. He has never been charged with any offence and denies any wrongdoing.
But today, Fiona McGhee, from solicitors Irwin Mitchell, representing Poppi's mother, said: "She is disappointed that Poppi's father chose to rely on his right not to answer questions which might incriminate him.
"While she understands he is entitled to do this, she considers he should have given the coroner the crucial evidence of Poppi's last few hours.
"This is now the third time that a court has found on the balance of probabilities that Poppi was anally penetrated prior to death and my client hopes that the CPS will now take another look at this case.
"She is grateful to the coroner for the thoroughness throughout the inquest and she is relieved that despite the gaps in the evidence she is now closer to the truth, however devastating that truth might be."
In March 2014, High Court family judge Mr Justice Peter Jackson - now Lord Justice Peter Jackson - ruled Worthington probably sexually assaulted his daughter before her death, and arrived at the same conclusion in January 2016 after a review of the medical evidence.
The inquest heard Poppi's mother was asleep downstairs when she heard the child scream, then floorboards creaking, which she assumed was Worthington attending to her.
Roberts ruled at some point after 2.30am on December 12, 2012, Poppi was taken from her cot and sexually assaulted.
He said later Worthington rushed downstairs holding his lifeless daughter, shouting to his ex-partner to call for an ambulance, but the child was already dead.
The second inquest into Poppi's death was ordered after the controversial first hearing - held by a different coroner - was shrouded in secrecy and lasted just seven minutes.
Poppi was listed as "a child aged 13 months" at the first inquest in 2014 and her death was declared as unexplained.
In a fact-finding judgment as part of care proceedings involving Poppi's siblings, Lord Justice Peter Jackson, said Poppi's "significant bleeding" within 15 minutes of the 999 call made from the family home could only be explained sensibly as the result of penetrative trauma.
Worthington's lawyers, Farley Solicitors, said: "Mr Worthington is considering his options following the coroner's conclusion today and we are advising him not to say anything further at this point."
The inquest had heard the otherwise healthy youngster woke up screaming at about 5.30am on December 12, 2012, at the family home in Barrow-in-Furness and her father put her in his bed and went to get a fresh nappy.
He claimed that when he returned, she had settled but five or ten minutes later he reached over and she was limp.
He claimed he then rushed downstairs and the child's mother, who was sleeping downstairs, called an ambulance.
Paramedics carried out a "scoop and run", delivering the apparently lifeless girl to Furness General Hospital at 6.11am but she never regained consciousness and was pronounced dead shortly after 7am. Medics noted she was bleeding.
The toddler's controversial first inquest was quashed by the High Court and deemed "irregular" after it lasted just seven minutes and did not refer to Poppi by name as her death was declared as unexplained.
Before the Christmas break, a more in-depth examination of the circumstances took place as three weeks of evidence was heard at County Hall, Kendal.
Worthington, who is in hiding and under witness protection paid for by taxpayers, did not attend the hearing today.
An array of expert medical witnesses also entered the witness box as the inquest was told Poppi's cause of death remains "unascertained".
The post-mortem examination findings of pathologist Dr Alison Armour - that Poppi had been penetrated and had tears in her bottom - were hotly disputed.
The Independent Police Complaints Commission (IPCC) last year said senior detectives were "unstructured and disorganised", and highlighted the lengthy delay into a criminal investigation taking place "despite there being significant suspicious circumstances from the outset".
Lawyers for Poppi's mother - who cannot be named for legal reasons - and Worthington submitted to the coroner there was not enough evidence for him to conclude the toddler was unlawfully killed.
However, Gillian Irving QC, representing Poppi's mother, argued there was 'clear evidence' that Poppi was subject to a serious sexual assault.
Claiming the evidence of Armour was "tainted" and "unsafe", Leslie Thomas QC, for Worthington, said an open verdict was appropriate as there was not enough evidence to reach any other conclusion.
Also today, Jerry Graham, Chief Constable of Cumbria Police, said: "I will consider the detail of the coroner's conclusion and his comments today, and we will be having early discussions with the Crown Prosecution Service to determine possible courses of action."
He added: "I have previously put on record my sincere apologies to Poppi's family for the deficiencies in the initial police investigation.
"I would like to reinforce this heartfelt apology again today."
Cumbria's police and crime commissioner Peter McCall said: "The chief constable has rightly apologised for the ineffective police investigation that followed the tragic death of Poppi."
The coroner's conclusions, running to 87 pages, which he read to the hushed courtroom, said injuries to Poppi's bottom, which were the subject of days of dispute between medical experts during the inquest, were caused by penetration.
Roberts said: "Only Paul Worthington can provide an account of what happened upstairs between about 2.30am and 5.56am."
He said as he could not rely on Worthington's credibility, he formed the opinion of a "broad sequence of events" based on all the evidence.
He added: "At some time after 2.30am, Poppi was taken from her cot into the double bedroom and placed in or on the double bed, probably with her dummy and bottle.
"Her pyjama bottoms and nappy were removed and she was [sexually assaulted]. As a result, Poppi cried out loudly and this probably brought assault to an end.
"The floorboards of the double bedroom were heard by mother to creak at this time.
"Poppi was placed back into her nappy, but not her pyjama bottoms, and the poppers on her vest were not refastened.
"I find that Poppi and her father went to sleep beside each other for some significant period of time, with Poppi in such a position that her breathing was compromised, either due to the position of the bedclothes, her position within the bed or overlaying, or a combination of all three.
"Her viral infection would, in all probability, also have compromised her ability to breathe freely.
"In any event, when father awoke he discovered that Poppi was no longer breathing and, shortly before 5.56am, he took her downstairs in an unresponsive state.
"I find that, in fact, she was dead at that point. The cause of death is asphyxia."
Meanwhile Poppi's local MP John Woodcock criticised Cumbria Police for "grotesque failings" in the case and called for a public inquiry.
The Barrow and Furness MP told the Sun: "This is the verdict we all feared - Poppi was probably assaulted by her father before she died.
"There will always be uncertainty after Cumbria Police failed to do the absolute basics in safeguarding and follow-up inquiries.
"One way in which we can honour Poppi's name is by securing a public inquiry into what went wrong and how we can ensure this kind of thing can never happen again."
Yesterday, Nazir Afzal, who was the Crown Prosecution Service northwest chief when he approved the decision not to charge Mr Worthington, said police failures prevented a trial.
He told the Sunday Times: "I had a strong suspicion that Poppi died after being sexually abused by her father.
"I was given a case file by the police that had so many gaps that I was left with no choice.
"I could not approve charging Worthington based on the evidence the police investigation produced."
Afzal added that work carried out by Cumbria Police at the time was "simply not of the same standard as other forces in the northwest".
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