The Director of Public Prosecutions (DPP) has been contacted by gardaí following the revelation that an unregistered nurse carried out forensic examinations on victims of rape and sexual assault at a Donegal hospital for 18 months.
There are concerns that up to 25 criminal rape cases could collapse as a result.
Gardaí and health chiefs have informed the victims, who were examined in the specialist sexual assault treatment unit in Donegal.
The HSE said it was notified in 2009 that a group of nurses, including this individual, had been removed from the nursing register as a result of non-payment of fees but only became aware in recent weeks that the staff member was still working in the unit in Letterkenny General Hospital.
Two independent experts have been appointed to carry out a review to establish the circumstances leading up to, and the reasons why, a staff member could continue to practise without being actively registered.
Rosemary Ryan, risk manager at the Irish Public Bodies, and Mary McCarthy, former chief nursing officer at the Department of Health, will also examine any issues relating to professional practice in the unit.
The investigation began on May 5th.
“The review will seek to establish why the necessary processes and checks, in keeping with HSE policy, did not identify that this individual was not registered," the HSE said. "Since becoming aware of this issue, the HSE has checked, and is satisfied, that all nurses working in other sexual assault treatment units around the country are actively registered.”
Gardaí said this morning they was "working closely" with the HSE to ensure that those involved are notified and are kept fully informed of all developments.
Rape Crisis Network Ireland (RCNI) fear the cases could collapse because forensic evidence gathered by the Health Service Executive (HSE) was by a nurse who had let her membership with the Nursing Board, An Bord Altranais, lapse.
It is understood the nurse was removed from the national register for non-payment of fees in 2009, but her removal never filtered down to the local hospital in Letterkenny. The DPP is examining if her testimony and the forensic evidence can be accepted in a court.
RCNI executive director Fiona Neary said it was a bad day for victims of rape and sexual assault in Ireland.
The Dublin Rape Crisis Centre said it was "totally unacceptable" that a nurse working in the HSE system was not registered and that her status had not detected been by the system.
However, it said it was an isolated case and did not reflect on the excellent work being done training in sexual assault treatment units across the country.
"We urge victims not to be put off presenting to their local sexual assault treatment unit by this incident," Dublin Rape Crisis Centre chief executive Ellen O'Malley Dunlop said.
"These units provide an easily accessible holistic service for victims of sexual violence by addressing medical, psychological and emotional needs of each victim as well as collecting forensic evidence. The forensic evidence, while very important, varies in significance in each individual case."
Additional reporting: PA
