Anonymity for victims at tribunal is sought

THE public has an intense desire that everything should be disclosed concerning the infection of anti-D with hepatitis C, the…

THE public has an intense desire that everything should be disclosed concerning the infection of anti-D with hepatitis C, the chairman of the Tribunal of Inquiry into the issue, Mr Justice Thomas Finlay, said yesterday.

However, he warned the media to respect the anonymity of hepatitis C victims where this was granted by the tribunal.

The Tribunal of Inquiry will begin its hearings on Monday, December 2nd.

At yesterday's first sitting of the tribunal at the High Court, some applications for legal representation were granted. Other applicants were asked to submit more information. Mr Justice Finlay will give his decision at a further sitting on November 21st.

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Mr James Nugent SC, for the tribunal, said the inquiry would deal with events which had cruelly affected the lives of the victims, their families and friends.

When the tribunal had uncovered the truth, it was its sincere hope that this would have a liberating effect on those affected by the tragedy - literally that the truth would set them free.

Mr Justice Finlay granted representation to Positive Action. Mr John Rogers SC, for the group, also sought representation for the family of the late Mrs Brigid McCole.

Her family, he said, wished to participate in the tribunal in as helpful a manner as possible to help in pursuing the truth.

Mr Rogers suggested that the family might make a succinct contribution at the start of the inquiry and that it might then step back while retaining an interest. Mr Justice Finlay said the family's approach was "most constructive".

Representation was also granted to the Minister for Health and the Department of Health, the Blood Transfusion Services Board and the National Drugs Advisory Board.

Mr Frank Clarke SC told the court he was representing the public interest on behalf of the Attorney General.

Parties asked to submit further details so their applications for representation could be considered included the Irish Kidney Association, Transfusion Positive and the Irish Haemophilia Society.

Mr Brendan Grogan SC for Transfusion Positive, said the group included the woman "wrongfully described as Donor X". Mr Grogan said she would be "seeking certain protection" on anonymity.

He said she had a "very heavy burden". The woman was identified in the expert group report as the original source of contaminated plasma in the 1970s.

Documents discovered for the McCole case revealed that neither the woman nor her doctor knew her plasma was being used. The tribunal is expected to examine whether she was originally infected by contaminated plasma.

Ms Helen Keenan sought representation on behalf of Dr Stephen O'Sullivan, who she said was a biochemist employed by the Blood Bank from 1969 until about 1978 when he was made compulsorily redundant.

She said he became worried about certain procedures in the Blood Bank in the 1970s but that he was more or less silenced when he voiced his reservations. His career had been effectively wiped out and the time had come for him to be vindicated.

Mr Justice Finlay said there were no allegations against Dr O'Sullivan so far as he was concerned. He asked for a written application. He pointed out that this was not the only opportunity people would have to seek representation before the tribunal.

Peopled called as witnesses could apply for representation and their applications would be considered at that time.

Mr Rogers asked the chairman to consider allowing some witnesses to give evidence in private. There were some people whose sense of privacy was such that otherwise they would have difficulty in coming forward.

Mr Justice Finlay said it was necessary to bear in mind the intense desire of people that everything should come out. However, he believed a mechanism could be found to deal with issues of privacy. He warned the media to respect anonymity when this was granted to people appearing before the tribunal.

Mr Nugent said it might only be necessary for the names of victims to be known to the Blood Transfusion Services Board and he did not see that their names would have to be given to anyone else.

Mr Justice Finlay said the court would pay particular attention to the desire of those victims who seek anonymity. The desire for economy mentioned in the terms of reference of the tribunal - would also be taken into account. Mr Nugent said the tribunal was asking the legal representatives of the various parties to submit lists of witnesses and of documents by the weekend.