A ruling by the Office of the Director of Public Prosecutions (ODPP) that no criminal charges be laid against Jodian Fearon’s obstetrician or any of the personnel at the major health facilities in the Corporate Area that reportedly denied her access to care has not gone down well with her mother Portia Haughton, who has labelled the ODPP’s decision as “questionable” and the investigation as a “cover-up”.

Fearon, a first-time mother, after delivering her daughter at Spanish Town Hospital in St Catherine, reportedly developed complications and was transported to University Hospital of the West Indies (UHWI) in St Andrew, where she died on April 24.

“Why was the DPP asked to make a ruling on the matter when cases of this nature are usually sent to the coroner? Also, I’ve been told that before the ODPP makes a ruling they usually meet with the family of the deceased. Nobody has met with the family. Nobody has met with us.

“I had to learn that a ruling was made through the media. I got a text message from Jodian’s best friend from high school telling me, sorry I didn’t get justice. I am disappointed, but I’m not surprised, because I realise that this thing has been one-sided from the moment we have been waiting, and I’ve been tweeting and begging. I’m disappointed in the fact that no one was held criminally negligent,” Haughton told the Jamaica Observer following the ruling last Thursday.

She insisted that the treatment meted out to her daughter was unacceptable, and cried foul at the ruling, arguing that it is “impossible” to conclude that no one should be held criminally negligent.

The ODPP ruled that there is no basis in law for criminal charges to be laid in the investigation of the death of Fearon, five months after Prime Minister Andrew Holness announced that a formal investigation had been launched into her death.

The ODPP, in its ruling, said, in part, “There was no material to establish the negligence or incompetence of any doctor or any other person.”

It further ruled that no useful purpose would be served in remitting the matter to the coroner, as a coroner’s jury properly directed in law would inevitably reach the same conclusion as outlined in the ruling.

However, the report explained that: “It is clear from the material on file that the unease occasioned by the COVID-19 pandemic and the uncertainty surrounding Ms Fearon’s status may have contributed to what appears to be the uncoordinated, indecisive efforts and tardy response by the health institutions/medical personnel in Jamaica’s public health sector or from her personal physician.”

“This state of affairs would have exacerbated and blurred the circumstances surrounding Ms Fearon’s untimely demise,” it continued.

The report concluded that issues surrounding possible breaches of duty of care to Fearon in her interface with either her private physician or the public health institutions would be best answered by a court of law exercising its civil jurisdiction, and would, therefore, be outside the purview of the Office of the Director of Public Prosecutions.

“The fact that no one is held responsible is just sad! The deputy DPP said that the tape was very disturbing to watch. Now, if it was disturbing to watch, how is it that you ruled the way you did? It is so disturbing, but you can’t hold anybody responsible? That does not make sense.

“When you go back to her medical record it says that she was in heart failure since Spanish Town [Hospital]. You placed her in an ICU (intensive care unit) but there was no one in that ICU monitoring. I have never heard of that. These are patients that really need attention, and if Jodian was in heart failure from Spanish Town and she got to UHWI after 5:00 pm, and they found her at 10:00 pm, what happened during all of that time? Who was with her? Her file said no staff member was in the unit and she was found unresponsive,” Haughton reasoned.

Haughton, meanwhile, is insisting that the original file be sent to the coroner for a determination to be made on the cause of death so that Fearon’s death certificate can be processed.

“We also want the video footage that we have not been privy to, and a copy of the file that the police have not delivered to the Coroner’s Court to date,” said Haughton.

Fearon, 23, arrived at the privately run Andrews Memorial Hospital on April 23 and was being prepared for delivery.

She was initially suspected to have COVID-19 but subsequently tested negative for the infectious virus.

It is alleged that the staff at Andrews Hospital refused to treat her because she was suspected to have contracted the novel coronavirus. The hospital has denied this.

After requests for transfers to UHWI and Victoria Jubilee Hospital reportedly fell through she was transferred the following morning to Spanish Town Hospital in St Catherine.

Following the delivery of her baby at Spanish Town Hospital, Fearon was transferred to UHWI after reportedly developing complications.

She died later that day.