DPP refuses to reveal reason for dropping Hep C charges

The Director of Public Prosecutions has refused to say why charges relating to the infection of women with Hepatitis C were dropped against the former principal biochemist with the Blood Transfusion Service Board.

Ms Cecily Cunningham (aged 68) was charged with seven counts of unlawfully administering infected Anti-D medicine resulting in grievous bodily harm. All charges were dropped by the DPP last January because “changes in evidential subjects were such that a prosecution could not have been sustained".

Ms Cunningham, of Hollybrook Road, Clontarf had denied all charges and previously lost a challenge in the High Court to have the case thrown out. The case was under judicial review when the decision was made not to proceed by the DPP.

A hearing at Dublin Circuit Criminal Court today to determine who was liable for costs heard that the DPP was under no legal obligation to disclose the specific reasons for dropping the case.

Mr Roderick Murphy SC, prosecuting, said there was no requirement for the court to know why charges were dropped, in the same way they did not have to know why a jury acquitted a defendant in a trial.

Mr Michael McDowell SC, for Ms Cunningham, read from an affidavit before the court that an expert witness for the State died in June 2004 but the gardaí said they did not learn of his death until three years later.

He submitted that his client should be entitled to the full costs of her defence because the evidence against her “barely came to knee height”.

He also said it was perfectly reasonable that she would incur “substantial” legal costs because “short of murder or treason, it is hard to think of more serious charges than deliberately setting out to ruin people’s lives.”

“Her reputation and liberty were on the line”, Mr McDowell said. “This case was life-threatening to her because it would have permanently altered her life.”

Mr Murphy said he was resisting the application because the case was brought in a fair manner and a high court judge had previously decided it was fit to go to trial. He said there was no evidence of misconduct by the gardaí or DPP and Ms Cunningham’s rights had never been violated.

He said the long delay in proceedings were mainly caused by Ms Cunningham’s legal team initiating a judicial review and was not the fault of the prosecution.

Judge Desmond Hogan said he intended to read though the book of evidence, which runs to 12 volumes, and decide if there was a case to answer and whether costs should be awarded. He adjourned the matter until December.