Claims that the Blood Transfusion Service Board was involved in a "conspiracy of silence" regarding the infection of haemophiliacs were "wholly unsustainable", counsel for the agency told the tribunal yesterday.
In a closing submission for the IBTS, as the BTSB is now known, Mr Frank Clarke SC, said the allegation, made by counsel for the Irish Haemophilia Society, Mr Martin Hayden, did not stand up to the facts. Mr Clarke said it was "extraordinary" that Mr Hayden failed to refer to a 1991 BTSB affidavit, which the IHS had at the time, referring to reports of HIV infections in 1986 related to the use of home-produced and other concentrates. In this sworn statement, said Mr Clarke, Mr Ted Keyes, the former BTSB chief executive, "flagged" these reports by taking the unusual step of collating them under a label.
Mr Clarke said it was very difficult to understand Mr Hayden's conspiracy theory given a man "allegedly at the heart of it" signed a sworn statement prior to the 1991 "no fault" settlement drawing attention to these documents.
Mr Clarke described the infections as "one of the, if not the greatest tragedy of its type which occurred in this country in our lifetime". It did not necessarily follow, however, that this great tragedy was explained by a "great wrong", he said.
In considering questions of culpability, the tribunal "cannot borrow from hindsight". It must, rather, examine questions in light of the knowledge of the day. He said it was important to avoid "unfair criticism" of personnel, Regarding the BTSB's overall performance on HIV and hepatitis C, Mr Clarke conceded "we did not do great". However, compared to other countries, "Ireland was far from the worst".