McCole death inquiry demanded

The family of Mrs Brigid McCole have called for a full Garda investigation into their mother's death from hepatitis C after receiving…

The family of Mrs Brigid McCole have called for a full Garda investigation into their mother's death from hepatitis C after receiving contaminated anti-D. After watching their mother die a "slow, painful, agonising, death, through no fault of her own" they say they want justice to be done.

Mrs McCole's eldest daughter, Brid, spoke yesterday of the family's disappointment at the decision of the Director of Public Prosecutions not to bring any prosecutions following the hepatitis C controversy.

On Friday she delivered a letter to the Minister for Health, Mr Cowen, outlining their "shock and anger". It was signed by the 12 McCole children, Mrs McCole's husband, Bernard, and the Co Donegal woman's brothers. Copies of the letter have also been sent to the Taoiseach, Mr Ahern, and the Minister for Justice, Mr O'Donoghue.

"We are doing our best to come to terms with the loss of our mother but the DPP's decision has reopened the sadness and hurt resulting from the family's loss. Our mother died at 54 years of age through no fault of her own. We cannot accept that there should be no accountability arising from the negligence outlined in the Finlay Tribunal of Inquiry."

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Ms McCole said the family believed that the people responsible were "grossly negligent" but instead of prosecution they "walked away with golden handshakes".

She said they were appealing to Mr Cowen not to let the issue rest. "All possible means of taking a court case must be looked at. People who are responsible for our mother's death cannot be allowed to walk away from the suffering, pain and injury they have caused to others. Right now these people are being allowed by the State to walk away while our family, like the other victims, can never leave this behind us. We find it very hard to understand how people who neglected their duties cannot be prosecuted as a result of what the Finlay inquiry revealed," said Ms McCole.

She said they owed it to their mother, who "stood for truth and justice", to ensure there was full accountability for her death. "We support the efforts of Positive Action and we are prepared to give every possible assistance to the Garda or any authorities who may carry out an investigation."

Members of the family were in Dublin this weekend to attend an anniversary mass for their mother who died in October last year. Asked if the family had considered taking civil action, Ms McCole said that they "did not believe it is our responsibility".

"Minister Cowen has been helpful in the past before the election and he kept his promises. We hope that he will be as helpful now. We were devastated when we heard that no prosecution was to be taken."

However, a Government spokesman said yesterday that "it was not for the Minister for Health to speak for the DPP". Mr Cowen, he said, could not be responsible for criticisms made of the DPP's decision.

He said there was a commitment to change the legislation so that people could be prosecuted in the future. However, any such change would not affect those involved in the hepatitis C scandal, as it could not be applied retrospectively.

The DPP and the Attorney General are involved in a "process of reviewing the legislation", he said.