Nursery manager Karen Jacobs and nursery assistant Kayley Murphy are charged with a number of safety allegations.
They both deny the charges, which have been brought by Epping Forest District Council.
Rhiya, pictured, was found trapped between the wall and the roof of the wooden play house at the nursery on 7 November 2007.
The jury at Chelmsford Crown Court were told yesterday that nursery assistant Kayley Murphy, who was among staff supervising children in the outdoor area, had been talking on her mobile phone immediately prior to the incident.
The court heard that it was not unusual for staff to use their mobile phones while looking after children at the nursery, even though they were not allowed to use them.
Nursery staff gave evidence in court yesterday.
Nursery nurse Rebecca Bremner, questioned by Oliver Campbell, prosecuting, said, ‘It was not an unusual occurrence to see members of staff use mobile phones in the presence of children.’
Ms Jacobs who was the manager of the nursery at the time was not at the nursery on the day the accident happened, but has been charged for failing in her duties as a manager.
Ms Jacobs and Ms Murphy both deny charges of failing to take reasonable care of people who might be affected by their actions at work; failing to ensure the children who were adequately supervised in the garden; and failing to ensure risk assessments were carried out and safety check lists were completed.
Ms Murphy continues to work at Eton Manor and is currently third in charge at the nursery.
Rhiya Malin was found hanging in the roof of the wooden play house at around 11am, after staff realised she was missing when they went indoors after the children had been playing in the garden.
It is believed that she had been standing on a tricycle which was found in the playhouse.
The playhouse had been purchased from Argos in 2006 with instructions that it was suitable for children aged between two and six, and that adults should supervise children when they were playing in it.
Mr Campbell, prosecuting, said, ‘Rhiya was left unseen for many minutes and not observed going into the playhouse and was not actually supervised.’
‘On the day of this accident Rhiya Malin was dropped off at about 8.30am by her father.
‘There were 14 children being supervised by four members of staff.’
But he said that this was reduced to three when one member of staff had to go inside and assist a child, leaving three staff supervising the children.
Mr Campbell said, ‘Rhiya was left unseen for many minutes and not observed going into the playhouse.’
The trial is expected to last four weeks.
At the time of the incident, Eton Manor was owned by Casterbridge Care and Education, and subsequently Casterbridge Nurseries.
Bright Horizons acquired Casterbridge Nurseries in May last year, which means that it would be liable for any future fines and costs concerning health and safety offences. Casterbridge Nurseries accepted responsibility last year for some health and safety offences, but a verdict has not yet been made.
- Read Nursery World's investigation on child safety in nurseries.
