An official report has cast doubt over the decision to allow Bernard Matthews, the poultry company, to avoid prosecution for hygiene failures at its plant in Suffolk that was at the centre of the avian flu outbreak.

It suggests that the decision should be reviewed by specifically calling for new mechanisms to be put in place by the Government “to review cases where prosecution was explored but not pursued”.

This recommendation is in a report by Det Norske Veritas (DNV), the consultants, that was sent to the Food Standards Agency and the Department for Environment, Food and Rural Affairs on July 25, and was published yesterday.

When the food watchdog announced in April that there was insufficient evidence to bring any legal action against Bernard Matthews there was surprise from MPs.

Even Jack Straw, who was Leader of the House at the time and is now Justice Secretary, told MPs that he was “uncomfortable” that the company received almost £600,000 in compensation for the compulsory slaughter of 159,000 turkey chicks after the outbreak of H5N1.

An assessment from government veterinary epidemiologists had already made public a catalogue of failings at the company that included gulls feeding on unprotected waste, including scraps of dead turkey that were left outside the processing plant.

For the first time the DNV report, however, shows that Bernard Matthews was close to being prosecuted for breaches in hygiene regulations. It also disclosed that a senior barrister was approached to give an opinion on the evidence. This legal opinion and the report into breaches was discussed by the FSA with Defra’s legal team. An investigation report was then sent to a number of people - though it is not disclosed if these were ministers, officials, government vets or law officers - but the legal opinion of the barrister was not circulated to them.

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