Christopher Rochester

Lord Swire Excerpts

Friday 24th October 2014 Commons Chamber

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate my old friend the hon. Member for North Durham (Mr Jones) on securing the debate, and I pay tribute to him for the strong support that he has given Mr Rochester’s family over what is now a long period. As he said, his predecessor Lord Radice did the same before him.

The hon. Gentleman has rightly raised a number of issues relating to the case with the Foreign and Commonwealth Office, and I thank him for expressing his gratitude to officials for all the work that they have done over the years. I know I would have done precisely what he has done—at least, I like to think I would—had I been in his position. This is an extraordinary and unsatisfactory case. My right hon. Friend the Minister for Europe has taken a close interest in it and met the hon. Gentleman on a number of occasions to discuss it. I welcome this opportunity to respond on his behalf and on behalf of the Foreign and Commonwealth Office.

First, may I restate our deepest condolences to Mr Rochester’s family, who, as the hon. Gentleman explained, have lost someone dear to them in tragic circumstances? The death of a loved one is painful under any circumstances, but I am conscious that when a death occurs overseas, the cultural differences, the language barrier and the systems used by foreign authorities can be difficult to comprehend, making the grief felt by the bereaved family all the more acute.

As the hon. Gentleman set out in detail, the loss and grief suffered by Mr Rochester’s family have been compounded by the challenges that they have faced, not only in their pursuit of justice against those they see as responsible for contributing to his death, but through the damaging confusion over the repatriation of one of his organs. I would like to take this opportunity to confirm for the record the sequence of events as we understand them and the consular assistance that we have provided to the family.

After a series of court cases, both Greek and British authorities agreed that Mr Rochester did not receive adequate medical treatment following his fall. That was confirmed following the retrial in Rhodes on 5 February 2008 of the medical staff who treated Mr Rochester immediately before his death. As the hon. Gentleman is aware, the court found one of the medical assistants guilty of homicide by negligence and sentenced him to 15 months’ imprisonment, suspended for three years. The other two accused were acquitted.

When Mr Rochester’s body was repatriated, the post-mortem examination in the UK found that he had been returned without his left kidney. At the family’s request, staff at our consulate in Rhodes helped to arrange the kidney’s return to the UK by liaising with all the relevant authorities, and funding its safe delivery to Dryburn hospital in Durham. On its return to the UK, however, the DNA testing requested by the family threw into doubt the identity of the kidney. I cannot begin to imagine the additional distress that that must have caused Mr Rochester’s family at that time.

Consular staff urgently sought clarification, and at the suggestion of the hon. Gentleman and Mr Rochester’s family, in 2002 the Greek authorities agreed on an independent DNA test to be carried out by a third country at the National Institute of Criminalistics and Criminology in Belgium. In order to complete that test, the Greek authorities stated that three samples were required, including one from Mr Rochester’s remains, as the hon. Gentleman has said.

Despite our representations on behalf of the family to explain their distress, Greek authorities remained firm on that point. They did not accept that it would be possible to determine once and for all the identity of the kidney unless the sample was taken from the exhumed remains. They would not accept skin samples that had been previously taken from Mr Rochester for an unrelated reason in the UK some time before his death, and they would not take samples from a next of kin.

It is testament to the fortitude of the family that, despite their concerns, they agreed to the exhumation of Mr Rochester’s body. The DNA test could then proceed, and in May 2012 a summary of the results was passed by the Ministry of Foreign Affairs to the Foreign and Commonwealth Office and the office of the hon. Gentleman and the family. The summary stated that the kidney that was originally repatriated on 14 August 2000 did, with almost certain probability, belong to Christopher Rochester. The Greek authorities had initiated a criminal case based on the Greek organ trading Act, following reports that the kidney did not belong to Mr Rochester, but the case was then closed.

As the hon. Gentleman has said, the family have since made it clear—quite understandably—that they would like to see a full version of the results to assure themselves that they are valid. Our understanding from the Greek authorities is that those results would be disclosed in full only to someone with a vested legal interest in the case, such as a family member as next of kin, or their appointed lawyer in Greece. That would mean a family member either travelling to Greece, or appointing a legal representative there.

I appreciate that the hon. Gentleman has a signed letter from Mrs Cummings authorising him to act on her behalf, but as I have said, my understanding is that that can be done only by a legal representative in Greece.

[Mr Kevan Jones]

What the Greek Ministry of Justice has been asked for is a Government document. Will the Minister make representations to his Greek counterpart to see whether there is some other method? This family is not in a position to get the finance together to do what has been suggested by the Greek authorities, but without that, and without a full copy of the report, as I have said, they will not get closure.

[Mr Swire]

The hon. Gentleman is right—of course they will not get closure until they see the whole report. However, the Greeks are standing firm on this matter and have said that the results can be disclosed only to a next of kin or legally appointed representative. We will raise the case again although I suspect we will not get very far on that particular point.

It is not for the Foreign and Commonwealth Office to interfere with Greek law on this point. But it is right that the Greek authorities should respond to the hon. Gentleman directly, and I am more than happy to write to the Greek ambassador. I am incredulous that the ambassador has not replied to the hon. Gentleman and I can only think that it is the result of an oversight that I am sure the ambassador will wish to right at the earliest opportunity. I shall point out to him as soon as possible that the hon. Gentleman still awaits a response. I will also ask our embassy in Athens to press the Rhodes public prosecutor’s office for a response to the hon. Gentleman’s letter and, of course, we can provide updated details for lawyers in Greece if that would be helpful.

Once again, may I say that my deepest sympathies go out to the family? It is only natural and understandable that they should seek closure on what must have been a terribly distressing period of uncertainty over Mr Rochester’s body—an uncertainty that has gone on for far too long. The Foreign and Commonwealth Office will continue to give all appropriate support to the family as they pursue this, and we will also give what support we can to the hon. Gentleman, who has been so dogged in his determination to get justice for his constituents.

Question put and agreed to.