Sons of British man killed by German locum GP shed case at European court

Daniel Ubani was on his very first Uk shift when he accidentally gave David Gray an overdose of diamorphine. Photograph: Anthony Collins Solicitors/PA

The sons of a man accidentally killed by a German out-of-hrs physician on his 1st United kingdom shift have misplaced a claim at the European court of human rights that German authorities did not offer an effective investigation into their father’s death.

Rory and Stuart Gray had said their rights had been denied when the German justice system refused to enable the doctor’s extradition to face trial in open court in the United Kingdom. But seven judges at the Strasbourg court rejected their case, saying German authorities had acted in accordance to domestic law.

The court also dismissed the brothers’ assertion that their legitimate interests had been not respected. A single of the judges, Ann Electrical power-Forde, from Ireland, did however raise the query of regardless of whether the authorities ought to have informed Gray’s household that Daniel Ubani, the GP involved, had been convicted in his personal nation in March 2009 of having triggered David Gray’s death by negligence, sentenced to a nine-month suspended prison sentence and give a fine of €5,000, virtually £4,050.

She explained that although there had been no breach of the European convention on human rights, there may in potential need to have to be clarification as to whether subsequent-of-kin had a appropriate to know when criminal proceedings had been ended by a state’s authorities.

Criminal proceedings were opened against the doctor in the United Kingdom and the German choice to prosecute, primarily based on evidence from British police who investigated the death, shocked and angered Uk investigators as effectively as Gray’s loved ones. Ministers have been also concerned that Ubani’s conviction took place without having him appearing in an open court.

Ubani killed David Gray on sixteen February 2008 in his house in Cambridgeshire right after getting recruited by a private agency to operate as a locum medical doctor.

Treating Gray for acute soreness, the physician puzzled two medication and mistakenly injected a tenfold overdose of the painkiller diamorphine.

The brothers had complained that German authorities denied their father’s human rights by not conducting a correct investigation into his death and refusing to allow Ubani’s extradition to Britain.

They also stay furious at what they see as a cover-up by Eurojust, the EU’s judicial co-operation unit, and the United kingdom, as nicely as Germany, in excess of precisely what went on in the months foremost up to the German prosecution.

Sons of British man killed by German locum GP shed case at European court