September 2 2014 Latest news:
Thursday, May 22, 2014
The family of a Manea man who was killed with a lethal dose of a painkiller by a German doctor said they are “astonished” he will not be extradited to the UK.
David Gray, 70, was given 10 times the safe dose of diamorphine by Dr Daniel Ubani, who was on his first UK shift as a locam, in 2008.
He was struck off in the UK but is still able to practise in Germany.
Mr Gray’s sons Stuart and Rory have campaigned for Dr Ubani to face prosecution in the UK but the European Court of Human Rights has upheld a decision that he should not be brought to the UK to face charges.
The court said: “The patient’s sons complained the authorities in Germany, where the doctor was tried and convicted of having caused the death by negligence, had not provided for an effective investigation into their father’s death.
“The court accepted that the German trial court had sufficient evidence available to it for the doctor’s conviction by penal order without having held a hearing.”
His son Rory said: “I’m astonished by the decision. We don’t even know if Dr Ubani is qualified, neither does Germany, so how can it have been an effective investigation?
Rory’s brother Stuart added: “It’s bitterly, bitterly disappointing. On a national level it has signification ramifications because it allows anyone, not just doctors, to be totally unaccountable to UK law, go back to their own country and avoid a thorough and robust investigation into their criminality in this country.”