McColes issue statement on report

The Minister for Health and Children presented a copy of his report together with accompanying documentation on the legal strategy…

The Minister for Health and Children presented a copy of his report together with accompanying documentation on the legal strategy adopted by the defence in the case of the late Mrs Bridget McCole to the family on Thursday evening, July 31st 1997.

The report and documentation is helpful in attempting to understand the nature and extent of the legal strategy adopted by the previous administration.

The McCole family is angry that their late mother was subjected to an alleged failure on the part of the State to communicate its views on liability to the BTSB at an early date.

They are angry that their late mother was subjected to the rigorous legal technicalities of practice and procedure.

READ MORE

They are angry that their request for an early trial in court should be affected by the existence of a non-statutory tribunal of compensation which has no powers of determining issues of negligence or aggravated/exemplary damages.

The McCole family find it hard to believe that nobody either verbally or in writing advised the BTSB that they had no defence.

They retain a suspicion that there must have been more communication between the State and the BTSB about the BTSB's liability.

The State's failure to act on its counsel's opinion on liability, together with its adoption of a legal strategy pursuing the rigors of legal technicalities, denied their late mother her opportunity of having her case heard before the High Court in accordance with her constitutional right.

The McCole family's recent request to the Minister for privacy was to enable them to consider the private matters which primarily concern the family.

Unconsciously, this was interpreted by some as an attempt to prevent publication to the public in general. The question of publication in the public interest was always a question to be determined by the Minister and the McCole family always respected the Minister's right to make that decision.

The McCole family would like to thank the Minister for Health and Children for presenting them with his report and documentation. They acknowledge his efforts together with his colleagues whilst in opposition in pursuing vigorously all the efforts to ensure that an answer to the "Fifth Question" was attained.

The McCole family would also like to take this opportunity of thanking everyone who has supported and encouraged them in their quest for the truth. Particularly they wish to acknowledge and recognise the enormous assistance and encouragement that have always been give by Positive Action and all the members of that association, particularly in recent times and also throughout their late mother's illness.

It is the family's intention to now study the report and documentation and to take full advice from their legal advisers as to what steps should now be taken by them.

Thank you to everyone.