Posted: 7-Feb-2007 << BACK
Irish Independent 7th Feb 2007. The former chief biochemist with the Blood Transfusion Service Board (BTSB) has claimed the deaths of key people within the board and lengthy delays have prejudiced her right to a fair trial.
Cecily Cunningham, who faces charges relating to the infection of seven women with Hepatitis C from contaminated blood products, was previously the board's principal biochemist. She retired in recent years.
The claim was made by counsel for Ms Cunningham at the opening yesterday of a High Court action taken by her aimed at securing an order stopping her trial.
In July 2003, Ms Cunningham, with an address at Hollybank Road, Clontarf, Dublin, and Dr Terry Walsh, formerly assistant national director of the board, became the first two persons to be charged in connection with the Hepatitis C saga. Dr Walsh has since died.
Ms Cunnigham was charged before Dublin District Court with unlawfully and maliciously causing a noxious substance, infected anti-D product, to be taken by seven women, causing grievous bodily harm contrary to the Offences Against the Person Act. The dates of the alleged offences are 1977, 1991 and 1992.
She secured leave in November 2003 to bring a judicial review alleging that her right to a fair and speedy trial has been prejudiced as a result of the delay between the commission of the alleged offences and the initiation of a prosecution, and through culpable prosecutorial delay of almost seven years.
She contends that information on which the charges were brought against her was known to the DPP from the publication in March 1997 of the Finlay Report into the Hepatitis C saga, which followed an expert group report on the BTSB published in 1995.
Everything that was in the Book of Evidence served on Ms Cunningham in 2003 was available to the authorities in 1997, it is argued.
A garda probe was initiated after publication of the Finlay Report and Ms Cunningham was questioned by gardai in May 1999. In October 1999 a file was sent to the DPP, but nothing was heard by Ms Cunningham until July 2003 when she was arrested.
Yesterday, counsel said Ms Cunningham, who has no previous convictions, was "shocked" at her arrest. She co-operated at all times.
As a result of dealing with the court and tribunal proceedings, and the resulting publicity, Dr Cunningham had suffered from stress, depression and panic attacks.
In her action, she contends that the deaths of key persons in the BTSB and elsewhere have deprived her of critical evidence, including what information was shared within the BTSB about the anti-D product and what instructions she received.
Among those who had died were Sean Hanratty, Ms Cunningham's immediate superior, and Dr Jack O'Riordan, a former director of the BTSB, the court heard.
The DPP was proposing to rely on "absolute hearsay" evidence from a Ms Biggs about a critical letter from Dr Dane, a consultant at Middlesex, England, to Dr O'Riordan, which was central to the charges relating to 1977 and 1991, counsel said.
Ms Cunningham was prejudiced by the absence of minutes of BTSB meetings at relevant periods, counsel added. He agreed with Mr Justice Liam McKechnie that she could give evidence herself of what was said at the meetings but said she retained presumption of innocence and was not required to assert any defence. She was prejudiced by the absence of evidence from persons who attended the meetings but were now dead.
Ms Cunningham was concerned, counsel said, that Dr Stephen O'Sullivan, who was in the BTSB from 1974 until he left in 1979 after a disagreement with Dr O'Riordan, might have "a grievance" against Ms Cunningham arising from the manner in which Dr O'Sullivan left the BTSB. Dr O'Sullivan appeared to be claiming the subject of infection of anti-D product was brought up at meetings.
The case is expected to last several days.
Reporter - Ann O'Loughlin
