Biochemist fails to stop trial in hepatitis C case

The former principal biochemist in the Blood Transfusion Service Board, Cecily Cunningham, has lost a High Court bid to stop her trial on charges relating to the infection of seven women with hepatitis C from contaminated blood products.

While finding that the "inordinate and inexcusable" delay on the DPP's part in bringing the prosecution breached Ms Cunningham's constitutional right to a speedy trial, Mr Justice Liam McKechnie went on to rule that, in the "exceptional circumstances" of this case, there was a "far superior" and "paramount" right of the public to have the charges prosecuted.

The subject matter of the prosecution, the consequences of what occurred, the impact on so many people and the general devastation made this an exceptional case, he said.

This finding, coupled with his rejection of her claim that her right to a fair trial was prejudiced due to the death of several of her superiors in the BTSB and other factors, meant he would refuse to halt the trial, the judge said.

In reaching his finding on blameworthy prosecutorial delay, the judge stressed there was no delay on the part of the gardaí in investigating the hepatitis C saga and he described the Garda investigation as "exemplary".

At the conclusion yesterday of the reserved judgment rejecting Ms Cunningham's application for an order stopping her trial, Paul McDermott, for the DPP, applied for the costs of the case but this was resisted by counsel for Ms Cunningham on the basis that the judge had found there was blameworthy prosecutorial delay.

The judge made no order for costs, meaning each side will pay their own costs.

Ms Cunningham was in court for the decision as were several members of the campaign group Positive Action.

One woman was in tears after judgment was delivered.

The charges against Ms Cunningham, Hollybank Road, Clontarf, Dublin, relate to dates in 1977, 1991 and 1992. She claimed that the 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.

A Garda investigation was initiated after publication of the Finlay report. The Garda report was sent to the DPP in October 1999 and Ms Cunningham was charged in 2003. The only other person charged in connection with the hepatitis C saga was Dr Terry Walsh, formerly assistant national director with the BTSB.

He has since died and the proceedings against him have consequently collapsed.