The Garda file on the investigation into the deaths of 55 women who contracted hepatitis C from infected blood products was the "most exceptional and extraordinary" file the DPP's office has ever had to deal with, the High Court was told yesterday.
This was a "mammoth" case, the court heard.
Two barristers in the DPP's office who dealt with the Garda file told Mr Justice Liam McKechnie the file remained under "active" consideration for three years and nine months, from the time it was received in October 1999 until a decision was taken in 2003 to prosecute two people in the Blood Transfusion Service Board (BTSB) in connection with the blood-infection saga.
One of those barristers, Jarlath Spellman, who joined the DPP's office in July 2001 and took over the file in October 2001, agreed he could not point to an internal document discovered by the DPP's office that showed the file remained under active consideration from spring 2001.
However, he said, there were ongoing internal meetings within the DPP's office about the file and further legal advices were being sought.
When it was put to him that none of the additional evidence sought from four people from late 1999 to 2003 restrained the DPP's office from preferring charges against Cecily Cunnigham, former principal biochemist with the BTSB, Mr Spellman said this was "an extremely complex" case where a number of issues arose requiring "full consideration" and the advice of counsel.
This was "a mammoth case" which involved the distillation of a massive amount of material in some 16/17 volumes, he said. He agreed that material had been supplied in late 1999 to the DPP's office by gardaí but said the DPP's office had to undertake additional scientific and other investigations.
This material also had to be analysed on the basis of a burden of proof on the criminal standard.
He was testifying in the continuing action by Ms Cunningham,Hollybank Road, Clontarf, Dublin, aimed at preventing her trial on charges of infecting seven women with hepatitis C from infected blood products on dates in 1977, 1991 and 1992.
The only other person charged in connection with the hepatitis C infection was Dr Terry Walsh, formerly assistant national director with the board. He has since died and the proceedings against him have consequently collapsed.
In her proceedings, Ms Cunningham has claimed the deaths of key people in the blood board and lengthy delays between the commission of the alleged offences and the bringing of a prosecution have prejudiced her right to a fair trial.
She claims 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 and Ms Cunningham was questioned by gardaí in May 1999. She was charged in 2003.
Cross-examined yesterday by Patrick J McCarthy SC, for Ms Cunningham, Declan Murphy, a barrister in the DPP's office for some 25 years until 2001, said the DPP's office had received the Finlay report on the hepatitis C infections from the Government and was asked to address if criminal charges could be brought. This was the only occasion he was aware of when the Government had forwarded a report to the office.
On the basis of the available evidence, a decision was taken on October 6th, 1997, that there was insufficient evidence on which to bring criminal charges, he said.
