The Scotsman

No criminal charges for cheese maker after girl’s death

- By STUART MACDONALD

A cheese maker which is facing claims its product was linked to the death of a threeyear-old girl will not face criminal prosecutio­n.

Prosecutor­s had been considerin­g whether to bring charges against Errington Cheese following a fatal outbreak of E.coli poisoning last year.

The child, from Dunbartons­hire, whose identity has not been disclosed, died in September 2016. Food safety agencies said Errington’s bestsellin­g Dunsyre Blue brand cheese was the most likely source of the outbreak.

Butthecrow­nofficehas­now announced there will be no criminal proceeding­s against the Lanarkshir­e-based company due to lack of evidence.

Officials are still considerin­g whether to hold a fatal accident inquiry into the girl’s death.

Humphrey Errington, who founded the company which is now run by his daughter Selina, spoke of his relief at the decision following the 13-month investigat­ion.

He said: “This decision that criminal charges are not being brought has come as a great relief to us and I think the public can draw their own conclusion­s from it.

“We are not privy to any of the informatio­n regarding this poor child’s tragic death.

“However, we have said all along that we do not accept that our cheese was responsibl­e for the outbreak last year which led to people falling ill.”

The company, which no longer produces Dunsyre Blue, is still facing a civil legal case over the outbreak, brought by South Lanarkshir­e Council, which seized batches of Errington’s Lanark Blue and Corra Lin cheeses. The battle centres on whether cheese products made from raw milk are safe to eat and evidence is set to be heard during hearings at Lanark Sheriff Court in December.

The case has cost the manufactur­er more than £200,000 in legal bills.

Food Standards Scotland (FSS), which is responsibl­e for food safety, and Health Protection Scotland, part of the NHS, investigat­ed the outbreak which led to 26 people falling ill. A report released in March concluded that Dunsyre Blue cheese was the source.

Geoff Ogle, the chief executive of FSS, said: “The decision made by Crown Counsel is independen­t and separate to the decisions made during this incident, and has different requiremen­ts to decisions made under food law.”

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