The families of two newborns who were poisoned with nitrous oxide at a Sydney hospital are still waiting for those responsible for the gas mix-up to be held accountable.
Newborn John Ghanem died, while Amelia Khan was left with permanent brain damage after nitrous oxide was mistaken for oxygen at Bankstown-Lidcombe Hospital in 2016.
Amelia, a three-year-old who now relies on a feeding tube and a nurse for 24-hour care, was brought into court today.
The NSW District Court is considering the sentence to give to the independent contractor who installed the oxygen at the hospital.
Christopher Turner pleaded guilty to not complying with health and safety duty under the Work Health and Safety Act.
He was being prosecuted by SafeworkNSW but was also involved in the case SafeworkNSW was bringing against gas company BOC.
District Court judge David Russell was expected to hear evidence from Mr Turner as well as an impact statement from the Khan family on Tuesday.
But those hearings were adjourned after Mr Turner's lawyers asked the NSW Attorney-General for indemnity, so any evidence given in this matter cannot be used against him during the BOC trial.
As Judge Russell granted the adjournment, he apologised to the families involved acknowledging the delay would cause them further trauma.
"If I were to refuse the adjournment and restrict the evidence it would affect the outcome of this hearing," Judge Russell said.
Until the NSW Attorney-General makes his decision, the sentencing will be put on hold.
