PN MP insists inquiry should still be launched, despite passage of time

PN spokesperson for Health Stephen Spiteri believes that a magisterial inquiry into the Mt Carmel Legionella-related death should still take place, despite the incident having occurred many weeks ago.

While stating that he believes that such magisterial inquiries should be done immediately not so long after, he still believes an inquiry could be helpful.

He said that according to statements, “there was hyperchlorination and thermal shock treatment of the involved water systems, they are changing some pipes, and this is right to ensure they eradicate legionella in the area.” He said that despite this, however, the inquiry can still look at things retrospectively and ensure things were handled in the correct manner, that there was proper hygiene followed, look at how the state of the water tanks and water systems at the time were, look into who was exposed etc.

“An inquiry by the duty magistrate would show that the matter is being taken seriously.”

The police recently acknowledged that they had provided The Malta Independent with wrong information when they had told this newspaper that a magisterial inquiry had been launched into the death of a Mount Carmel patient who had contracted Legionella. The Malta Independent had, after receiving the email indicating that a mistake was made, asked whether or not an inquiry was launched into the case to which the police said: “We confirm again that the person who we gave information about was not the person who had legionella.” This, while not directly stating so, indicates that no magisterial inquiry is currently underway.

Health Minister Chris Fearne previously told this newsroom that he has confidence in an investigation conducted by the Superintendence of Public Health on the issue. “Recommendations were made and action was taken immediately. I also have confidence in the doctors at Mount Carmel, as well as those at Mater Dei Hospital where the patient eventually went.” He said that he did not think there was any negligence as to how the patient was treated. “After the Opposition expressed some doubts and said that there should be a request for a magisterial inquiry request, I had nothing against it. But I spoke with the patient’s relatives and they did not wish for a magisterial inquiry to occur. I am seeking advice, even legal advice, to see whether we should move forward on the Opposition’s wish or those of the patient’s relatives, who do not want such a magisterial inquiry.”

On this issue, Stephen Spiteri said that it is not normal practice, as it is not the family who decides whether an inquiry is launched or not. He said that he is informed, by a forensic expert, that when there is a death under custody not of natural causes – “in a hospital, an elderly home, jail, an institution – there is always the need of a magisterial inquiry.” He said that legionella is an infectious disease which by law has to be reported to the health authorities.

He said that there is meant to be a magisterial inquiry, to trace the source of the issue and see who, if anyone, was responsible.

He made a differentiation between the investigation conducted by the Superintendence of Public Health and a magisterial inquiry. He said that there is a difference between said investigation and a magisterial inquiry. He mentioned that in a hospital one cannot afford a lack of sanitation. He said that a magisterial inquiry is higher and goes above an investigation by the Superintendent of Public Health. He said that a magisterial inquiry could establish if there was negligence etc.

He mentioned the importance of not hiding such cases, primarily as it does not benefit anyone, including patients and other people.