DPP drops charges over Hep C scandal
Patricia McDonagh and Eilish O'Regan
A CASE against a leading doctor involved in the Hepatitis C scandal has been dropped by the Director of Public Prosecutions, it emerged last night.
The decision not to prosecute means that nobody has stood trial for the infection of more than 1,000 women with Hepatitis C from contaminated blood products -- a scandal that was one of the biggest health tragedies in the history of the State.
Seven charges had been brought against Dr Cecily Cunningham, a former biochemist at the Blood Transfusion Service Board, under Section 23 of the Offences Against the Person Act 1861. She was charged with unlawfully and maliciously causing a "noxious thing", namely infected Anti-D immunoglobin, to be taken by seven people, thereby inflicting grievous bodily harm.
Failed
However, last night it emerged the prosecution had been dropped. In 1994, it was disclosed that the Blood Transfusion Service Board had failed in 1976 to prevent the use of blood donated by a woman who was known to have jaundice.
This was used to make the product Anti-D, despite there being a policy in 1968 that blood should not be accepted from anyone who had suffered jaundice or infectious hepatitis.
It was given to some women during childbirth in the late 1970s and early 1990s, and in 1997 the Finlay Tribunal was set up to examine the issue.
Dr Terry Walsh, a consultant haematologist and former assistant national director with the blood bank, had been charged along with Dr Cunningham over the Anti-D product.
However, he died as allegations relating to his involvement were before the court. The Hepatitis C support group, Positive Action, last night revealed the death of a key witness in the prosecution case, Dr H H Hoppe, had put an end to proceedings. A tribunal to compensate those affected has paid out more than €530m.
The DPP last night refused to comment when contacted by the Irish Independent. In a statement, Positive Action said it accepted the decision was due to circumstances "beyond the control of the investigating gardai team and the DPP".
Chairperson Detta Warnock said the decision had sparked anger amongst those affected.
Detectives from the National Bureau of Criminal Investigation will meet the group next Wednesday to formally outline why the decision was taken.
- Patricia McDonagh and Eilish O'Regan
