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Legal action delayed police investigation into Hubert Brown’s death

Hospital chiefs raised a number of legal challenges during a police investigation into the death of popular bar owner Hubert Brown, it has been claimed.

Mr Brown, who ran Hubie’s Bar on Angle Street, died at King Edward VII Memorial Hospital in December 2002.

But the news made headlines again this week after Mr Brown’s family claimed he died as a result of a hospital blunder. Brother-in-law Danis Moore told The Royal Gazette that Mr Brown, 66, who suffered from diabetes, was given an unnecessary blood transfusion — using the wrong blood type — when he was a patient at KEMH. He died 45 minutes later.

An inquest into the death was ordered by coroner Archibald Warner last year following an extensive police investigation. But the Bermuda Hospitals Board is now taking legal steps to block that inquest from going ahead.

And police have now said that their own inquiry was delayed because of lengthy legal challenges raised by hospital officials.

A police spokesman said an investigation began “immediately after” Mr Brown died on December 11, 2002. But it was not completed until August 2006, more than three-and-a-half years later.

“Both the police and KEMH’s Quality and Risk Management Department commenced independent enquiries into the death,” the spokesman said.

“The investigation was protracted and involved a number of procedural challenges aligned to actions under civil law.

“The investigation was brought to a standstill for an extended period as the documents and information obtained by police following the execution of a warrant served on KEMH became the cause for legal arguments.

“Despite these challenges, the police investigation was properly managed throughout and a file was submitted to the DPP on 21st August 2006. After receiving the file, the Coroner subsequently ordered the issue of a death certificate in 2008.”

Mr Moore earlier condemned the publicly-funded BHB for hiring lawyers to try and block the inquest.

“It makes us feel like things are being covered up or hidden,” he said.

“Although we tried to find how something like this could possibly happen, we have met with just stone walls. It’s been as transparent as a frosted light bulb. We would like to know how this could possibly happen. We would like to know that tis could never possibly happen again to any family.”

Yesterday, police refused to divulge the nature of the legal challenges put forward by the BHB.

And last night BHB said it would not comment publicly on the matter until, 11 years after Mr Brown’s death, “it had time to speak to the family”.

BHB chairman Jonathan Brewin said: “In view of the very clearly voiced concern and pain expressed by the family of Hubert Brown, BHB believes passionately that it is not appropriate to say more publicly until it has had time to talk to the family and explain exactly what it is doing and why, and answer any questions they have about what happened. Our legal actions have nothing to do with the deep regret BHB feels about the passing of Mr Brown in 2002. There are more details to this case, but it is right and proper to speak to the family first.”