Day 184 of The Tribunal
TRIBUNAL OF INQUIRY Friday 26th October 2001 Day 184 Today, Counsel for the Irish Haemophilia Society, Martin Hayden S.C., applied on behalf of the I.H.S. for an extension of time within which to complete the Society’s Final Submissions to the Tribunal. The Tribunal had set the date for delivery of the Final Submissions as 5th November 2001. Mr. Hayden indicated that the time limit imposed by the Tribunal was restrictive, unnecessary and would prevent the lawyers for the Irish Haemophilia Society preparing full and complete submissions. He indicated that there had been correspondence between lawyers for the Irish Haemophilia Society and the Tribunal, indicating that given the detailed nature of the submissions required, that it would be impossible to complete them within the time frame proposed. Mr. Hayden went on to point out that the I.H.S. was in a different position from other parties before the Tribunal. Of the 150 witnesses who gave evidence, 66 of them were proposed by the I.H.S. Furthermore, he said that the I.H.S. had to prepare for every element of the Tribunal and was required to cross-examine every witness who was called. Other parties before the Tribunal, working to the same time frame, were only required to deal with certain elements of the Tribunal’s work. In the circumstances, Mr. Hayden submitted that it was unreasonable to expect the I.H.S. to deliver its submissions in the same time frame proposed for other parties. Mr. Hayden indicated that of all those people who had been infected with Hepatitis C or HIV, that the I.H.S. represented 197 of them. He reminded the Tribunal that those who had been infected had waited for many, many years for an answer as to why their infection was allowed to occur. In comparison to the length of time that I.H.S. members had had to wait for the Tribunal to commence its work, it was unreasonable to rush the final stages of the Tribunal by imposing unrealistic deadlines. Mr. Hayden further emphasised that no prejudice would be caused to any other party by granting an extension of time, whereas grave prejudice indeed would be caused to the Irish Haemophilia Society. The I.H.S. sought an extra five weeks in which to deliver its submissions. On behalf of Prof. Temperley, Brian McGovern S.C. stated that the delay in submissions would gravely prejudice his client since allegations were being made against him of a very serious nature. Anthony Aston, S.C. for the Irish Medicines Board, recognised that the Irish Haemophilia Society was in a different position from other parties and that it may have difficulty making submissions in the time allowed. John Finlay, S.C. for the Tribunal, submitted that the Irish Haemophilia Society had been afforded adequate opportunity to make its submissions. The Chairperson of the Tribunal adjourned briefly in order to consider the application, and returned to give her ruling that although she considered the period of time which had been granted to the Irish Haemophilia Society to make its submissions was sufficient, having heard the application she would extend the deadline for submissions for a further two weeks. The Tribunal then adjourned.
