Christopher Rochester

David Lidington Excerpts

Wednesday 26th May 2010 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I congratulate the hon. Member for North Durham (Mr Jones) on securing this debate. When I received the detailed briefing earlier today, it became clear that he has been the doughtiest champion imaginable for his constituents. I have totted up that he has written nearly 40 letters, not only to the Foreign Office but to a number of other Government Departments and to the Greek authorities, on behalf of the Cummings family. It is greatly to his credit as a constituency representative that he has stood up for the interests of his constituents in what, for them, must have been the most appalling experience imaginable. I am particularly grateful to him for his kind words about the staff at the British embassy in Athens, and about two Foreign Office officials in particular. I will certainly ensure that those compliments are passed on to the two members of staff he named.

Christopher’s family lost a son in the most tragic circumstances. I am conscious that, while I want again to express my personal sympathy and that of the Government to the family for their loss, there is nothing that any of us in the House can say that will heal the pain that they felt at the time and that they must still feel 10 years on, given that the truth about their son’s death remains unknown.

When a tragic death occurs overseas, the cultural differences, the differences in the legal systems, and the different approaches that the foreign authorities employ can be difficult to comprehend. That can make the grief felt by the family all the more acute, and I am conscious that the family’s pain as a result of Christopher’s death has been compounded by the challenges that they have faced in their pursuit of justice against those whom they see as responsible, and by the confusion over the fate of Christopher’s left kidney.

After a series of court cases, the Greek and United Kingdom authorities now agree that Christopher might have survived if he had received adequate medical treatment following his fall. This was confirmed following the retrial in Rhodes on 5 February 2008 of the medical staff who had been treating Christopher before his death. The court found one of the medical assistants guilty and sentenced him to 15 months imprisonment, suspended for 3 years. The other two accused were acquitted by the court.

When Christopher’s body was repatriated, the post-mortem examination here in Britain revealed that his body had been returned without his left kidney. At the family’s request, our consulate in Rhodes helped to arrange the return of that organ to the UK. It was after the organ had been returned here that the DNA testing of the kidney requested by Christopher’s family revealed that the wrong kidney appeared to have been sent by the Greek hospital. I can only begin to grasp the additional distress that this must have caused to Christopher’s mother and to other members of his family.

As a result of this apparent error in repatriating Christopher’s kidney, we are continuing to challenge the Greek authorities’ identification of it. There was a long impasse between the authorities in this country and those in Greece. On the suggestion of the hon. Member for North Durham and of Christopher’s family, the Greek authorities finally agreed to an independent DNA test to be carried out in a third country. That test is due to be carried out in the National Institute of Criminology in Belgium.

In order to complete this test, the Greek authorities have told us that three samples of tissue are required. Two have already been obtained, and the Greek authorities say that the third needs to come from Christopher’s remains. Despite our representations to explain his family’s distress at this request, the Greek authorities have maintained this stance. It is a testimony to the strength and perseverance of Christopher’s family that, despite their quite understandable misgivings, they have agreed to the exhumation of Christopher’s body.

I have been informed that the Greek Ministry of Justice has more recently, through mutual legal assistance arrangements, requested the help of our Home Office to enable this work to be done. Very recently, the Home Office received confirmation from the Greek Ministry of Justice that its request had been made in order to assist with a criminal investigation, and I have been advised that the Home Office is now in discussions with our Ministry of Justice as to how this request can be taken forward.

Although I have to say to the hon. Gentleman that we are awaiting further news from those two Departments about the next steps they intend to take so that the sample can be taken and then sent to the Belgian laboratory for testing, I can assure him and the House that the Greek request is being treated by those two Departments as a priority. I shall ensure that this debate, the hon. Gentleman’s words and the continuing distress of Christopher’s family are drawn to the attention of my colleagues in both the Home Office and the Ministry of Justice so that due urgency really is given to this case. The family have waited for far too long. I also plan to write to the Greek Minister of Justice to explain the situation described by the hon. Gentleman and to ask him what further action he and his colleagues can undertake on behalf of Christopher’s family to speed up the conclusion of this case.

In closing, I would like to thank again the hon. Member for North Durham for raising what is undoubtedly a very difficult and tragic case. I am deeply sorry that the Cummings family have suffered such an appalling loss. For any of us, and particularly for any of us who are parents, the death of one’s child seems an almost unimaginable trauma. I hope that the actions now under way will finally begin to provide Christopher’s family with some degree of clarity, comfort and an understanding of the truth of what happened to their son.

Question put and agreed to.