Published Friday, 14 September 2012
Rebecca McKeown, who was blind and incontinent, died in March 2001. (© Pacemaker)
Director of Public Prosecutions Barra McGrory QC has asked the Chief Constable, Matt Baggott, to consider whether a criminal offence may have been committed.
David Johnston, 89, and Sarah Johnston, 85, were acquitted of Rebecca McKeown's manslaughter after the trial was halted in May.
The severely disabled teenager died in hospital from pneumonia 11 years ago.
Rebecca had a plethora of life-limiting medical conditions including spastic cerebral palsy and scoliosis of the spine. She was registered blind and severe epilepsy which caused up to 30 seizures a day.
The teenager was confined to a specially moulded wheelchair, could neither walk, talk nor eat for herself and required round the clock care.
The prosecution claimed that the 14-year-old developed the illness after being injured during a sexual assault while in her grandparents' care.
However, Mr and Mrs Johnston, from Carwood Drive, Glengormley, Co Antrim, denied manslaughter and child cruelty charges against Rebecca.
A Public Prosecution Service (PPS) spokesperson said: "Following a careful examination of the issues arising from the evidence of a key prosecution witness at the trial of R-v- David and Sarah Johnston, the Director of Public Prosecutions for Northern Ireland, Barra McGrory QC, in exercising his powers under section 35(5) of the Justice (Northern Ireland) Act 2002, has requested the Chief Constable to ascertain and provide information to him on the grounds that a criminal offence may have been committed."
In May, the PPS said the decision to discontinue the prosecution was taken "as a result of the evidence given by a witness and medical experts at trial".
Referring to the testimony of Dr Mary Donnelly, the locum GP who examined the teenager five days before her death, the PPS said that on the morning she was due to give evidence the doctor "provided an additional account of her examination of Rebecca".
It said: "This account had not previously been given by the witness to either the police or prosecution over the preceding 11 years."
The judge directed the jury to acquit the couple after the prosecution collapsed in the face of evidence that cast doubt on the cause of death and revealed a new possible cause of injury to Rebecca.
During the trial the prosecution claimed that Rebecca's pneumonia was a direct result of blood loss and shock that she suffered following an alleged sexual assault at the hands of one or other of her grandparents.
But the PPS decided to offer no further evidence following the testimony of Dr Donnelly and that of the state pathologist for Northern Ireland, Professor Jack Crane.
Dr Donnelly admitted for the first time, 11 years after examining the profoundly disabled child, that two of her fingers "unintentionally" slipped inside her.
Professor Crane said that he could not be sure that the laceration had led to the pneumonia which killed Rebecca.