A health campaigner has called for hospital bosses to be prosecuted for criminal negligence if a baby dies as a result of the reduction in special care baby cots at Epsom General Hospital.

This week the number of cots was due to be reduced from 10 to eight, in spite of a series of emails from senior medical staff to the hospital management protesting about the change.

There were nine special care baby cots plus a stabilisation cot for more intensive care. Although the stabilisation cot will remain, two of the others are to be taken out of use.

The decision stands in spite of a message from a senior consultant to Lorraine Clifton, chief executive of Epsom and St Helier University Hospitals NHS Trust.

The message said: "Last weekend we had nine cots full for more than 24 hours. Today we have nine full. Perhaps you could tell us why you think we need only seven plus one stabilisation cot?"

Another consultant demanded full public consultation before there was any reduction in cot numbers.

"Unless they are going to do a Herod and slaughter the newborn they are in a mess," said Geoff Martin, head of campaigns from Health Emergency.

"This is entirely finance driven. We are now playing with the lives of young babies.

"If a baby dies because of the lack of capacity at Epsom then serious consideration should be given to bringing charges of criminal negligence."

The trust is being forced to make radical cuts in its services to save £24million and is to cut 480 jobs and close almost a quarter of the beds at Epsom and St Helier hospitals.

This is an embarrassing revelation for the trust as it publishes its annual report, which reveals that the chief executive and senior managers have had substantial pay rises - although it only brings them to the levels paid to senior staff in similar trusts.

The new pay structure puts the chief executive in the pay band level of £130,000 to £135,000 - up from £120,000 to £125,000 in the financial year 2004 to 2005.

This week Dr Ruth Charlton, paediatrician and divisional director of Family Care, said: "This week the trust reduced the number of special care cots at Epsom Hospital from 10 to eight following a thorough review of the Special Care Baby Unit.

"This review found we can reduce the number of cots while continuing to treat the same number of patients and also meet the national guidance on the recommended ratio of nurses to patients.

"The review found it was a very rare occasion when all cots were filled. Procedures are in place for this eventuality."