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Prosecutor decides no charges can be laid in case of death linked to MMS
Vanuatu’s Public Prosecutor Kayleen Tavoa has taken the somewhat unusual step of issuing a press statement in connection with the case of Sylvia Fink Solis who died at Epi Island in August last year and in which Miracle Mineral Solution (MMS) has been implicated.
The case has received considerable publicity, in Vanuatu, the overseas media and on the Internet.
Both the bereaved husband (Doug Nash) and the persons who supplied the MMS to M/s Fink (Luc Callebaut and his wife Jackie Lee) have recently left Vanuatu on their yachts - Nash on October 16 aboard “Windcastle” and Callebaut on October 26 aboard “Sloepmouche”.
This was the Public Prosecutor’s statement issued last Friday:
Death of Silvia Fink Solis On the morning of 8 August 2009, an expatriate sailor named Silvia Fink Solis swallowed a liquid mixture which was called ‘Magical Mineral Supplement’. At that time, Ms Fink Solis was with her husband Mr Douglas Nash, onboard their yacht which was then moored at Lamen Bay, Epi.
Within 15 minutes of drinking the mixture, Ms Fink Solis became extremely sick. Her condition never improved. In the early evening of 8 August 2009, she fell into a coma and, at about 10.00 pm that night, she was pronounced dead.
The death of Ms Fink Solis was reported to the Coroner. The Coroner authorised an autopsy to be conducted on her body. Members of the Vanuatu Police Force conducted an extensive investigation into the cause of her death and into the circumstances of how she came to be in possession of the Magical Mineral Supplement. A brief of evidence was forwarded to my office for assessment as to whether any person had committed any criminal offence in the supply of the Magical Mineral Supplement to Ms Fink Solis.
After carefully examining all the available evidence, I have concluded that there are no reasonable prospects of securing a conviction against any person in relation to the death of Ms Fink Solis or in the supply of Magical Mineral Supplement to her. I have written to her widower, Mr Nash, to advise him fully of the reasons for my decision.
Magical Mineral Supplement is also known as Malaria Mineral Supplement, Magical Mineral Solution or, more commonly, MMS. Neither MMS nor any of its constituent elements are prohibited drugs under the Vanuatu Dangerous Drugs Act [CAP 12].
Currently, MMS is readily available for purchase online on the internet. There is no legislation in Vanuatu which prohibits the importation of MMS into Vanuatu. Whether MMS should be banned from Vanuatu is a matter for the Parliament of Vanuatu to decide.
On the evidence available in relation to this investigation, it is quite clear that Ms Fink Solis very rapidly became extremely ill shortly after drinking MMS. When examining the case, I had regard to information which has been published on the Internet about MMS. While MMS is not prohibited in the United States of America, the US Food and Drug Administration (a branch of the US Department of Health) has issued safety information alerts, warning consumers against consuming MMS. In July, the FDA warned that ‘Consumers who have MMS should stop using it immediately and throw it away’. On 1 October 2010, the FDA updated its warnings against the use of MMS.
While every case is assessed on its own merits, I advise that any person who misuses MMS in Vanuatu in the future would be likely to face prosecution for potentially serious criminal offences. No person should ever give MMS to another person to drink without advising them of what it is they are drinking and of the serious risks to health that may arise if they decide to drink the mixture.