Home Secretary asked to step in after German doctor escapes justice over death of Manea man

A German doctor who injected a Fenland man with a fatal overdose of painkiller escaped prosecution in this country because of lack of communication between the two legal systems.

Home Secretary Theresa May has now been asked to raise awareness with her counterparts in other countries of the importance of early communication to avoid similar cases happening again.

Manea resident David Gray died in February 2008 after an injection of diamorphine from Dr Daniel Ubani, a German doctor working as an out of hours locum GP.

Dr Ubani was not brought to justice in this country because a German prosecutor had already started proceedings in his home country. He was prosecuted in Germany for causing death through negligence.

When the judgement in Germany became final, it prevented the execution of a European Arrest Warrant issued in this country.

After a meeting with North East Cambs MP Stephen Barclay, and MP Norman Lamb, Solicitor General Edward Garnier MP QC, wrote to the Home Secretary. He said: “I fully accept that the German authorities had jurisdiction over this offence and were entitled to proceed as they did; but the case has left the Gray family with a sense that, because no prosecution took place in the UK, justice has not been done.

“There was no court hearing in Germany, and therefore no occasion when in a public court the facts of the case were pronounced and a sentence passed. You will appreciate that this has caused considerable upset. The family are as anxious, as am I, to do what we can to prevent this situation from arising in the future.”

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Mr Garnier said the Crown Prosecution Service in this country had not been made aware of the German prosecution until after the issue of the European Arrest Warrant.

He added if there had been earlier communication and specific policies in operation, the German prosecutor would have been under an obligation to contact the CPS at an early stage of the investigation and would have been aware of the parallel investigation in this country.