A former principal biochemist with the Blood Transfusion Service Board, who had been charged in relation to the infection of women with Hepatitis C, has had an application for legal costs refused.
Charges against Cecily Cunningham (68), including seven counts of unlawfully administering infected Anti-D medicine, were dropped last year.
Ms Cunningham of Hollybrook Road, Clontarf, had denied all charges and previously lost a challenge in the High Court to have the case thrown out. The case was under judicial review when the decision was made not to proceed by the DPP.
The hearing for costs was first brought before Mr Justice Desmond Hogan at Dublin Circuit Criminal Court in October last year and had been adjourned to today for judgment.
Judge Hogan said he was making his decision based simply on the witness statements as outlined in the book of evidence because he did not have the advantage of hearing legal argument in relation to the admissibility of such statements, as would normally occur in a criminal trial.
He said he was satisfied, “having discounted such evidence as it appears to me should have been discounted”, that there was sufficient evidence to have allowed the case to go before a jury for their deliberation.
Judge Hogan said he was refusing costs before he added “it does not appear to me that the law allows otherwise”.