Thursday, 21 August 2003 - 3:11pm |
National News

Hep C complaints - investigation not warranted

1 min read

Following consultation with health authorities and legal advice, Police have determined that no investigation is warranted into the complaints received concerning the supply of blood that may have been infected with Hepatitis C to haemophiliacs.

Acting Commissioner Steve Long said Police had conducted extensive consultation with the Ministry of Health and sought legal advice from the Crown Law Office before making this decision.

&#34Police are sympathetic to the complainants who were affected by the situation but it had to be established whether there were in fact sound legal grounds for a prosecution,&#34 said Mr Long.

Police received 45 complaints alleging that Ministers of Health between 1987 and 1993 caused a criminal nuisance in respect of the supply of blood that may have been infected with Hepatitis C to haemophiliacs.

Mr Long said to successfully prosecute for criminal nuisance Police would have to prove an unlawful act or an omission to discharge a legal duty had taken place.

&#34While I have sympathy for those who have been directly or indirectly affected by Hepatitis C, the legal advice we have received establishes there has been no unlawful act or breach of legal duty by the Ministers, therefore there is no basis for further investigation by Police.&#34

&#34Unfortunately, the whole issue had taken much longer than originally anticipated due to the very complex nature of the law around such matters.&#34

The complainants and the Ministers involved have been formally advised of this decision.