Gardaí investigate death of resident at Cork care home in Covid-related ‘test case’

A garda probe successful the decease of a attraction location nonmigratory astatine the tallness of the Covid-19 pandemic whitethorn pb to aggregate specified prosecutions, depending connected a determination by the Director of Public Prosecutions (DPP).

Gardaí person confirmed a transgression probe is ongoing into “the circumstances surrounding the decease of a pistillate successful a residential installation successful Cork successful February 2021.

“As this is an ongoing transgression probe An Garda Síochána has nary further remark astatine this time,” a spokesperson said.

The probe focuses connected a attraction location successful Co Cork which saw a ample fig of fatalities successful the 18 months of the Covid-19 pandemic which began successful aboriginal 2020.

The Irish Times understands the probe has been ongoing for a important play of clip and that a ample fig of interviews person taken place, including with relatives and attraction location staff. However it remains unclear what, if any, transgression charges whitethorn beryllium brought.

News of the Garda probe was archetypal reported successful the Irish Independent newspaper.

Gardaí successful Cork launched the probe pursuing a ailment from a comparative of the deceased pistillate astir the attraction she received earlier her death.

A fig of different families aboriginal came guardant with transgression complaints relating to the attraction of their loved ones successful residential facilities. Their complaints were taken and they were informed to hold for the results of the archetypal investigation, which was described arsenic a “test case”.

One antheral who mislaid a comparative pursuing alleged substandard attraction said helium made a ailment astatine the extremity of 2021 and was told by gardaí “this was caller crushed for them”.

The ongoing probe focuses connected the attraction provided to the deceased pistillate during the astir terrible portion of the pandemic erstwhile nursing homes were experiencing highly precocious corruption and mortality rates and struggled to support staff.

One successful 3 of each Covid-19 deaths successful the archetypal 2 years of the pandemic occurred successful nursing homes and different residential institutions.

Investigations into attraction astatine residential homes are usually undertaken by the Health Information and Quality Authority (Hiqa) but gardaí judge the alleged mistreatment successful this lawsuit whitethorn elevate it into the transgression sphere.

It volition beryllium for the DPP to determine if immoderate charges are brought and their nature. One imaginable complaint is gross negligence manslaughter, sometimes known arsenic aesculapian manslaughter oregon firm manslaughter, said a ineligible source.

The evidential barroom for proving gross negligence manslaughter is precise high. Prosecutors indispensable beryllium not lone that negligent attraction occurred but that the negligence was of a precise precocious grade and posed an evident and terrible hazard of harm.

Meanwhile, the HSE and idiosyncratic attraction location operators are facing dozens of civilian wrongful decease cases from families of deceased relatives relating to the attraction provided during the pandemic.

Just nether 60 claims person been lodged against the HSE relating to deaths successful residential units.

Forty 3 of these subordinate to backstage attraction homes and 16 subordinate to acute hospitals oregon assemblage settings, according to a breakdown from the State Claims Agency (SCA).