The family of the late Mrs Brigid McCole have written to the Garda Commissioner, Mr Pat Byrne, seeking a full investigation into her death from hepatitis C. Confirming that he had received the request yesterday, Mr Byrne told The Irish Times he was "studying the letter and discussing it with my senior officers."
It is understood that Positive Action, the group representing women infected with the virus through the Anti-D product, has also written to the Commissioner asking for a similar investigation into Mrs McCole's death and the entire hepatitis C scandal.
The letters to Mr Byrne follow the decision of the Director of Public Prosecutions not to initiate a prosecution under the criminal law in respect of any matters disclosed by the Finlay Tribunal. The DPP informed the Minister for Health and Children, Mr Cowen, on October 6th that he was satisfied a case could not be pursued under the law as it stands.
It also emerged yesterday that a "statutory meeting" took place last week between the DPP and the Attorney General to discuss the situation in the wake of the DPP's decision. Positive Action had asked the Minister to convene this meeting and to request a full Garda investigation into Mrs McCole's death.
Mrs McCole died in 1996 as a direct result of hepatitis C contracted through contaminated Anti-D issued by the Blood Transfusion Services Board.
Tomorrow the Minister is due to meet Positive Action representatives. It is understood that he will brief them on the options, if any, that he believes exist at this stage.
Positive Action is insisting that the negligence of personnel in the BTSB was clearly outlined in the report of the Finlay Tribunal which was sent to the DPP by the Government last March.
Mr Justice Finlay concluded in his report that responsibility for the contamination of blood and blood products lay with named individuals who worked for the board.
Following the DPP's decision not to pursue a criminal action, Mr Cowen said he had reached this conclusion after considering the Finlay report, relevant transcripts of evidence to the inquiry and a "preliminary" report from the Garda. Positive Action claims a further, more comprehensive Garda investigation is necessary.
Fine Gael's spokesman on health and children, Mr Alan Shatter, called on the Minister to make a public statement on what action he proposes following tomorrow's meeting.
"Most people are astonished that no prosecutions are being brought against those responsible for this public health scandal," he added.