Blood bank chief facing charges over hepatitis C scandal dies

A FORMER blood bank official who was facing criminal charges relating to the blood transfusion scandal has died.

Dr Terry Walsh, who was chief medical consultant of the Blood Transfusion Service Board, now known as the Irish Blood Transfusion Service, had started High Court proceedings in December 2003 to stop his trial in relation to the infection of seven women with hepatitis C through a contaminated blood product between 1977 and 1992.

Dr Walsh claimed there had been prosecutorial delay in the case, that he was prejudiced in that many potential witnesses had died since the time of the alleged offences and that he had experienced ill-health.

The 63-year-old had given evidence during two tribunals of inquiry into how more than 1,200 women and 400 haemophiliacs contracted life-threatening viruses from imported and domestic blood products.

For a criminal prosecution to occur, a separate garda investigation is required and that is what happened in Dr Walsh’s case following the publication of the Finlay Report.

A former biochemist with the blood bank, Cecily Cunningham, had also secured leave from the High Court to take proceedings aimed at preventing her trial on similar charges arising from the hepatitis C saga, dating back to the 1970s.

Judgement in her case is due to be delivered on February 27 next.

Dr Walsh and Ms Cunningham had both been charged under Section 23 of the 1861 Offences Against the Person Act.

The legislation, rarely used in modern times, accuses them of administering, or causing to be administered a “destructive or noxious” thing, thereby causing grievous bodily term. The offence carries a jail term of up to 10 years.

Positive Action, a support and lobby group for women infected with hepatitis C, had welcomed the decision by the Director of Public Prosecutions (DPP) to press charges.

Dr Walsh, who was from Dublin, was also being investigated by the Medical Council but it is believed that inquiry was put on hold pending the outcome of the legal action.

The Medical Council, which polices doctors’ behaviour, issued an order to the blood bank in August 2002 for documentation produced for the Finlay Tribunal. The council has the power to censure, suspend or strike a doctor off the register.

Dr Walsh had been expected to vigorously defend his actions and reject any suggestions of misconduct.

The report of the Lindsay Tribunal into the infection of haemophiliacs with hepatitis C and HIV was sent to the DPP at the end of 2002 to consider possible grounds for prosecution.

Dr Walsh retired from the blood bank in 1995 on a full pension after a report found he knew of a letter in 1991 showing a clear link between hepatitis C and the product anti-D.

In 1997 the Finlay Tribunal found the doctor had failed to direct the non-use of product obtained from a patient as soon as he knew she had hepatitis.

He had been practicing privately following his retirement.

The IBTS yesterday extended their sympathies to Dr Walsh’s wife, Mary, and family and thanked him for his commitment and hard work during his time with the blood bank.