Late last year we brought you the sad and tragic story of three year old Omar Aguilar the toddler who died inside his home when the building caught on fire. Investigations reveal that the young boy’s mother Pauline Mclean had left her child in the care of her nine year old son. It was later revealed that the older sibling was not at home at the time of the fire but at a neighbour’s house. Pauline Mclean who was pregnant at the time and has three other young children was later arrested and charged with causing death by careless conduct.
Today however when Pauline Mclean returned to Magistrate’s Court instead of being remanded to await trial she was freed. According to court reports on April sixth of this year the DPP instructed the court to withdraw the charge against the accused. The charges were withdrawn because there was nothing to satisfy the elements to the offense charged so therefore there was nothing to ensure that there is a case to proceed against Pauline Mclean. It was also noted that the result of the fire is inconclusive and that there is no indication that the accused in anyway was the direct cause of the fire
So Pauline Mclean we understand is home tonight in Lord’s Bank Village. We also understand that Pauline Mclean’s attorney Audrey Matura Sheppard wanted the charge to be struck out instead of withdrawn that is because the court informed the accused that because the case was only withdrawn, she can be called back at anytime.
On December eight following the death of her son 7NEWS spoke with Pauline Mclean who explained why on that Saturday morning she made the decision to leave her younger son in the care of his nine year old brother.
[December 8th, 2008]
Pauline Mclean,
“It was drizzling the Saturday morning. I usually leave for work at six o’clock. I didn’t want to bring them in the drizzling because Omar just got over a cold which was giving his asthma. I couldn’t bring him in the drizzling so that is why I left Glen and I told him to take his brother to the babysitter. It is something he does but I don’t know that Saturday why he didn’t do it.”
At that time Pauline Mclean also told 7News that she does not believe she should be held responsible for the death of her son. Pauline Mclean has since had her baby and has a total of four children.