AN ARTISAN cheesemaker implicated in an E coli outbreak that killed a three-year-old girl is disappointed he will not get the chance to clear his name in a Fatal Accident Inquiry.
Humphrey Errington claimed his firm has been “ruined” having lost up to £1 million and has been forced to make 12 staff redundant.
“I’m not a lawyer but we can’t be accused of having killed somebody and not have the accusation examined,” he said.
“We accept the procurator fiscal’s decision to have no Fatal Accident Inquiry (FAI), but it was a little surprising. All we can do is hope that eventually a judicial forum will be available to us where it this matter can be settled.”
The Crown Office announced yesterday that an FAI is not needed into the death of a three year old girl during an E.Coli outbreak in 2016.
Prosecutors also confirmed there would be no criminal proceedings raised over the death of the child in September 2016.
During the outbreak 17 people were hospitalised and the girl, who was from Dunbartonshire, died.
A total of 26 cases of the same strain of E.Coli 157 were identified during the investigation and a multi-agency Incident Management Team (IMT) concluded Dunsyre Blue, a cheese made from unpasteurised cow’s milk, caused the spate of illness.
A report published by Health Protection Scotland said consumption of Dunsyre Blue Cheese was the likely source of the outbreak. However Mr Errington, continues to dispute that.
Prosecutors said there was no need for an FAI as the cause of death was clear.
But Mr Errington said: “While it is clear that the cause of death was E-Coli 157, the source of the pathogen was not clear.
“Over the two years we have consulted experts in epidemiology, microbiology and food safety all experts in their field, of the highest calibre. The conclusion of all of them was unanimous. The IMT claim that the outbreak of illness was probably caused by Dunsyre Blue is unsustainable.”
He said the firm had had £400,000 worth of stock seized, which is likely to be lost, and over £350,000 in legal fees, as well as reputational costs and deficits which are mounting as the firm continues to trade, but at a loss.
“The business is ruined. Big buyers won’t trade with a company accused of having killed somebody”, Mr Errington said.
A Crown Office spokesman said: “The Crown Office has fully investigated the death of a three year-old Dunbartonshire girl who died on September 2, 2016 following a complication of an E.Coli infection. Following a full and thorough investigation by the Procurator Fiscal Crown Counsel have concluded that there is insufficient evidence for a prosecution and as a result no criminal proceedings are instructed. Crown Counsel were satisfied that the cause of the death had been clearly established and that in the circumstances this was not a case where a Fatal Accident Inquiry was required. “The family have been informed of this decision.”
Mr Errington is now awaiting a sheriff’s verdict on whether £400,000 worth of sheep’s milk cheese should be destroyed. A ruling is expected next week. But this will not reach any conclusions about Dunsyre Blue.
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