Mum calls for timely release of documents as Raychel’s hearings delayed until day after her 11th anniversary

Nine-year-old Raychel died on June 10, 2001, after fluids were maladministered in the wake of a routine appendix operation at Altnagelvin.

Last week her mother Marie - who has been waiting over ten years for accountability - received news that the inquiry has been put back due to the late disclosure of crucial documents.

Marie said she was devastated when Mr John O’Hara last week announced the public inquiry into Raychel’s death and the similar deaths of three other children will now take place in the New Year.

The decision was taken after the Belfast Trust’s late production of a number of haematology and biochemistry laboratory reports for Adam Strain and a number of medical staff rotas for Clare Roberts whose deaths are also being investigated.

Mr O’Hara also said progress on a variety of statements and reports required for the opening of the hyponatraemia inquiry in November had been slower than he had hoped.

Announcing the delay he said: “I cannot end without apologising to everyone involved in the Inquiry for this further delay.

“I know it will come as a huge disappointment to the families and to the many others who have made arrangements and plans around the announced starting date. I remain determined to complete the Inquiry as soon as possible.”

The result of his announcment is that the inquiry will not begin on November 7 and now has a start date of February 20 next year.

It means the hearings into Raychel’s death will begin on June 11, 2012 - one day after the 11th anniversary of her death.

Mrs Ferguson told the Sentinel: “I was devastated when my sister rang to let me know that the inquiry had been delayed just three weeks before it was due to start.

“I’m used to being let down at this stage but I found it a bit strange that they announced it with just three weeks to go.”

She called on all the health Trusts to release all relevant documents relating to Raychel’s death, as well as those relevant to the deaths of Adam Strain, who died at the age of 4 years in the Royal Belfast Hospital for Sick Children on the 28th of November 1995 and Claire Roberts, who died at the age of 9 years on the 23rd of October 1996 at the Royal Belfast Hospital for Sick Children, and Conor Mitchell, who died at the age of 15 in 2003, in order to prevent any more setbacks

“Now we know Rachel’s will start on June 11, exactly 11 years after she died,” she said. “We are calling on all the health Trusts to co-operate fully with the inquiry and provide all the documents that they have to prevent any further delays.”

Justifying the delay Mr O’Hara explained that during the last two to three weeks in particular the Inquiry has released a battery of witness statements from those who were centrally involved in Adam’s treatment and care in the Royal Belfast Hospital for Sick Children in 1995.

“We have also released a significant collection of expert witness statements and supplementary statements. I hope that you will appreciate from that documentation just how extensive the work of the Inquiry has been within the last few years,” he explained.

He stated: “Unfortunately, the statements and reports which I hoped and expected would lead into the public hearings in November have not yet progressed that far.

“The Inquiry advisors met the legal team in Belfast last week and advised that as a result of all the information which has become available, including the witness statements and expert reports, it is necessary to obtain two further reports on areas which are central to Adam’s case.

“It will simply not be possible to do that within the next few weeks. Until that is done, the advisors will not be able to complete the consolidated report setting out the areas in which they have concerns and those in which they no longer have concerns.

“Perhaps more fundamentally, I am not in a position to send out the Salmon letters at this stage. In those letters I identify areas in which witnesses or organisations may face criticism so that they have an opportunity to prepare for the public hearings at which the criticisms may be made.”

He also referred to the late disclosure of haematology and biochemistry laboratory reports and medical staff rotas by the Belfast Trust and to “a recent statement dated 12 October 2011 from Dr David Hill [which] gives rise to further issues about who was assisting Dr Taylor and in what circumstances.”

Mr O’Hara said he was frustrated by the documentary issues but at this stage was not making any criticism of the Royal/Belfast Trust.

“There has been significant co-operation from them and we all know that within large organisations, over a period of years, documents and records can be mislaid.

“To say the least however it is disappointing that this has happened and is happening in the circumstances of the work of this Inquiry at this time,” he commented.

He also referred to governance issues relating to the death of Adam Strain, which could have implications for the other cases.

“This is about what happened and/or what should have happened after Adam’s death. Not only is this important in Adam’s case but it is also important for the rest of the Inquiry, particularly insofar as it relates to Claire’s death in the same hospital in the following year, 1996. I am now advised that we need more time to prepare for that aspect of the hearing which as you know is currently scheduled for late January,” he stated.

“I have contacted the Department as a matter of urgency to inform the Minister of the problems which are summarised above and to seek from him some extension of the Inquiry’s budget and timetable.

I will do everything I can to minimise the consequences of the problems and I will contact you as soon as I have news from the Minister.

“In the meantime, I am afraid that you should take it that the Inquiry will not now open on 7 November and that the timetable will be as per the attached document subject to Departmental approval,” he added.