European court is an option, says lawyer
The solicitor for widower Praveen Halappanavar made the claim to the Irish Examiner after confirming his client will not take part in the Health Information Quality Authority’s (Hiqa) inquiry into his wife’s death.
The move has resulted in Ireland opening two official investigations into the case, neither of which have the support or involvement of Mrs Halappanavar’s family.
Gerard O’Donnell, Mr Halappanavar’s solicitor, said his client was happy for Hiqa “to investigate the HSE” and that his refusal to participate in this second inquiry was not the same as the “antagonism” towards the HSE investigation.
However, Mr O’Donnell said Mr Halappanavar believes the only way the full truth of what happened to his wife will be revealed is under a time and budget limited public inquiry — and, if necessary, a European Court of Human Rights case.
“Legal action is not even on his mind, he’s not even considering it right now. He’s so focused on this, just to get to the truth,” the solicitor said.
“The options open in Praveen’s view at this stage are firstly a full public inquiry and all that would entail, namely a commission of investigation [a special type of inquiry allowed for under the 2004 act of the same name] except the scope would have to be broadened significantly to compel witnesses, have evidence taken under oath, and cross-examination.
“The second option is to go to Europe with this. Both families [Praveen’s and Savita’s] want to get at what happened. But the investigations [Hiqa’s and the HSE’s] do not go far enough,” he said.
When asked if Mr Halappanavar’s focus on the exact terms of reference he wants was unreasonable in the light of the Hiqa announcement, the lawyer said his client’s energy was going into uncovering what happened.
He rejected previous suggestions by Government officials a public inquiry could take years and cost millions, saying it was examining a specific period.
“This would be an inquiry into seven days and what’s critical is the first four days. It’s about a limited number of people, there’s hardly 10 or 15 people, 20 at most,” he said.
Mr O’Donnell said Hiqa chief executive, Dr Tracey Cooper, also contacted him directly yesterday morning to confirm the body was opening an investigation.
She asked him to speak again with his client, pass on her condolences, and tell him that Hiqa’s team is “available at any hour of any day to meet up with him”.
The solicitor said the private, 45-minute meeting between Mr Halappanavar and Health Minister James Reilly was organised on Thursday evening after a phone call from Dr Ambrose McLoughlin, the Department of Health’s secretary general.
Mr O’Donnell said Dr Reilly “wasn’t in any way standoff-ish. The minister recognised the sensitivity of the issue”.
“He listened to what Praveen had to say, and made it clear he was there to help him in any way he could.”
* Wednesday, Nov 14:
Praveen Halappanavar reveals what happened to his wife Savita at Galway University Hospital between Oct 21 and Oct 28. HSE confirms that afternoon it is launching a probe.
* Thursday, Nov 15:
Tánaiste Eamon Gilmore seeks “clarity” on Irish abortion laws.
* Friday, Nov 16:
More protests are arranged in Ireland and abroad. The Health Information Quality Authority confirms it has sought details from the HSE and the hospital. The HSE again delays announcing its inquiry team, but sends the draft terms of reference to Mr Halappanavar’s solicitor. Dr Reilly says he will bring the ABC ruling report to Cabinet on Tues, Nov 27.
* Saturday, Nov 17 — Sunday, Nov 18:
Mr Halappanavar’s solicitor tells HSE director of quality and patient safety, Dr Philip Crowley, his client has concerns over the inquiry. Thousands attend vigils for Savita throughout Ireland and abroad. Savita’s family do not rule out legal action.
* Monday, Nov 19:
The HSE announces its inquiry team. Three of its seven members are based at Galway University Hospital.
Mr Halappanavar’s solicitor receives a phone call that morning from Dr Crowley asking him to meet with the team’s chair, Prof Sabaratnam Arulkumaran, but declines. He and his client are told of the team announcement by journalists after the press conference ends.
* Tuesday, Nov 20:
Mr Halappanavar confirms he will not take part in the HSE inquiry as he believes it will be biased. Taoiseach Enda Kenny tells the Dáil the three Galway doctors on the team have been removed. A two-day Sinn Féin Dáil motion on the ABC ruling begins.
* Wednesday, Nov 21:
The Sinn Féin Dáil motion is defeated.
* Thursday, Nov 22:
Mr Halappanavar seeks sole access to his wife’s medical files. He says he will issue a High Court injunction if necessary. HSE director general designate, Mr O’Brien, says his legal advice is Savita’s family does not have the right to do this. He says the inquiry team has already accessed the files and spoken with the medics involved.
Mr Halappanavar’s solicitor reveals in interviews with, among others, CNN and NBC that the HSE medical files show none of Savita’s requests for a medical termination.
* Friday, Nov 23:
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