Two former senior officials with the Blood Transfusion Service Board appeared before the Dublin District Court yesterday, charged in relation to the infection of seven women with hepatitis C through a contaminated blood product.
Dr Terry Walsh, Holly Park Avenue, Blackrock, and Ms Cecily Cunningham, Hollybank Road, Clontarf, were charged with "unlawfully and maliciously" causing a noxious substance, namely infected anti-D, to be taken by the women, thereby inflicting grievous bodily harm contrary to the Offences Against the Person Act.
The infections, which were subject of the Finlay Tribunal of Inquiry in 1997, took place between 1977 and 1992 at various hospitals throughout the State.
The court heard the two defendants were arrested at their respective homes at 7.45 a.m. yesterday.
Each was said to have made no reply when charged.
Counsel for the DPP sought the case to be returned for trial on indictment yesterday. However, Judge Geoffrey Browne adjourned the case for two months to give the co-defendants time to review the matters before the court.
Earlier, Mr Padraig Dwyer, counsel for Dr Walsh, asked why there had been a delay of 26 years in bringing the case to court. Counsel added that his client, a former chief medical officer with the BTSB, had supplied a statement to the gardaí 4½ years ago, had fully co-operated with their inquiry, and had been assured that he would be kept abreast of developments.
Under those circumstances, Mr Dwyer asked why his client had not be made aware of the decision to press charges.
Det Sgt Peter Kenny of the National Bureau of Criminal Investigation (NBCI) said he was unable to answer the question.
Mr William Egan, solicitor for Ms Cunningham, who served as BTSB principal biochemist, also questioned the delay in bringing charges.
Det Sgt Justin Kelly of the NBCI replied that he was not in a position to explain it.
In a separate submission, counsel for the DPP asked that, given the sensitivity surrounding the case, that the names of the injured parties not be released.
Mr Dwyer argued that if this was the case, then neither should the defendants' names be released.
Judge Browne agreed that the same standards should apply to the defendants as to the injured parties.
But counsel for the DPP said the defendants had already been named in public, and it was no secret as to who they were. Out of sensitivity to the injured parties, it was making the request for anonymity.
The seven women were infected at hospitals in Limerick, Cork, Laois, Galway and Dublin. Four were infected in 1977, one in 1991 and two in 1992.
Books of evidence were served against the co-defendants, who were remanded on their own bail.
Judge Browne adjourned the case until September 24th next.