PROSECUTORS have dropped a case against a Hampshire woman who allegedly had sex with a convicted murderer while he was on remand in prison.

Former nurse Tanya McCarthy appeared in court charged with having an “inappropriate relationship” while in public office.

The married mother-of-four, who worked at Winchester Prison, was accused of sleeping with Daniel McBride while he was on trial for the murder of Majella Lynch.

But the Crown Prosecution Service (CPS) dropped the charge against her after they couldn’t prove that her work as a health care practitioner could be classed a public role.

It is the second case involving a visitor to Winchester Prison and an inmate to be dropped this year.

In March proceedings were discontinued against 72-year old Estelle Sandles after it was alleged she started an “inappropriate relationship” with convicted serial rapist Paul Kent.

Now campaigners are urging the CPS to tighten up its procedures to prevent any similar cases in the future.

They described the prosecutions against Ms McCarthy and Mrs Sandles as a waste of public money that also resulted in two people having their reputations tarnished.

McBride, 43, is now behind bars for carrying out the horrific, humiliating and sadistic attack” on Ms Lynch with a shampoo bottle.

She died two days after McBride inserted the bottle inside his 51-year-old victim with such force that it tore through her organs and into her abdomen.

Her injuries were so horrific that a brief description given in court on the first day of the trial saw one spare juror collapse and faint, forcing the judge to clear the court.

McBride was found guilty of her murder in July and sentenced to 29 years in prison.

Daily Echo:

Majella Lynch

The relationship between him and Ms McCarthy is alleged to have begun earlier in the year.

But Ms McCarthy, 33, of Ruskin Road, Eastleigh, denied the accusation when she appeared at Basingstoke Magistrates’ Court.

In the hearing, which lasted only a couple of minutes, prosecutor James Burnham said she had sex at the Romsey Road institution but gave no further details.

He said: “The case in involves an allegation that a serving prisoner at HMP Winchester had sex with the defendant.”

But he added it there was insufficient evidence to prove whether her job – which she has now lost – would be considered a public office.

Representing her, Peter Clarke, denied that a sexual relationship had taken place.

Wearing a black top and black skirt, she walked free from court but was warned by magistrates that she may be summoned to appear again if more evidence to prove that her relationship with McBride and her role at the prison could have helped him.

Leaving with a friend she refused to say anything more to the Daily Echo and later returned to her semi-detached home in Eastleigh to be with her children.

Daily Echo: Aerial eye in the sky pics - Winchester - Prison (37991255)

Winchester Prison

A CPS spokesperson added: “Ms McCarthy was able to visit HMP Winchester in her capacity of healthcare practitioner.

“The Crown Prosecution Service keeps cases under constant review and following a further review of this case we decided that there was insufficient evidence at this stage to prove that Ms McCarthy holds a ‘public office’ in which she would have been discharging or fulfilling a responsibility of government and therefore we withdrew the proceedings.

“The proceedings could be reinstated if at a future date there is sufficient evidence to prove that Ms McCarthy did hold a public office.”

The spokesman added that they hadn’t received any evidence to suggest that her relationship with McBride had been of benefit to him.

They said: “She’s a health care practitioner. Straight away we were involved to prove whether or not she was working in a public office. We didn’t have sufficient evidence to prove that they were in a public office.

“It’s not only about the relationship, it’s about whether you’re holding a public office.

A spokesman for HM Prison Service refused to be drawn on the case.

They said: “We’re not going to going to comment on any particulars around this individual. We’re not going to be commentating on that, there are no proceedings against her.”

Last night the CPS came under fire from the Criminal Justice Alliance, a coalition of 80 organisations committed to improving the criminal justice system.

A spokesman said: “It seems deeply unfortunate that a substantial amount of public money has been invested in two cases that appear to have had no firm basis.

“Clearly, alleged inappropriate relationships with prisoners are a matter for concern but if someone is going to be charged there needs to be a solid case against them.

“It is certainly surprising that lessons were not learned after the first case.

“As with all cases that don’t ultimately result in a prosecution it is hugely onerous and unpleasant on the people involved.”