The chairwoman of the Lindsay tribunal has been urged not to "scapegoat" Prof Ian Temperley, the former medical director of the National Haemophilia Treatment Centre, for the HIV and hepatitis C infection tragedies which befell haemophiliacs.
Mr Brian McGovern SC, for Prof Temperley, said it would be "cruel and unfair" to blame him for the awful events of the 1980s or to do anything to destroy the reputation of someone who had done so much for public health services in this country.
In a closing submission to the inquiry, Mr McGovern expressed disgust at the manner in which lawyers for the Irish Haemophilia Society had engaged in "character assassination" against his client. He said to characterise Prof Temperley's decision to take a six-month sabbatical in May 1985, as "an abandonment of his patients" was "nothing short of disgraceful".
Prof Temperley gave evidence that he arranged the sabbatical for health reasons and because of the unbearable pressure of work.
An "even more scandalous accusation" by counsel for the IHS, was to the effect that Prof Temperley had "consciously exposed" a patient to an infection with the AIDS virus.
"We would invite you, madam chairperson, to reflect on what motivation or purpose lay behind such a shocking and intemperate charge against Prof Temperley."
Mr McGovern said Prof Temperley had, at the time of the infection tragedies, to do the work of several people. The job he performed in the 1970s was now being done by eight consultants. While there were shortcomings in services, he continued, these could not reasonably be blamed on Prof Temperley.
Regarding the introduction of heat-treatment, Mr McGovern said the evidence showed Prof Temperley took "all reasonable steps" in the context of the knowledge available at the time.
Mr McGovern contested the BTSB's position that it relied on Prof Temperley for advice on product selection. "If anything he should have been relying on the BTSB" which had a scientific committee and access to expertise on blood product manufacturing.
As regards counselling, Mr McGovern said every effort was made to deal with HIV diagnoses in as sensitive and confidential a manner as possible. If there were delays in informing people of test results they should be seen in the context of the "excessive workload" placed on Prof Temperley.
He referred to a number of treatment decisions which were scrutinised by the inquiry and submitted the reasons given by Prof Temperley to justify them were "reasonable".
Mr McGovern added that if criticism was to be made of shortcomings it should be "proportionate". Prof Temperley had given a lifetime of service to public medicine, and had suffered grievously from watching many patients suffer from HIV and hepatitis C.
