Trial begins on tainted blood scandal
Defence says it lacks disclosure of witnesses
Tara Brautigam, Canadian Press
Published: Monday, February 06, 2006
TORONTO (CP) -- The criminal trial involving the man at the centre of the tainted-blood scandal began Monday with defence lawyers accusing the Crown of attempting to bombard the court with expert witnesses to turn the case into "a public inquiry.''
Crown lawyers asked Justice Mary Lou Benotto to approve 46 expert witnesses to testify against the defendants: Dr. Roger Perrault, who is the former medical head of the Canadian Red Cross, three other doctors and New Jersey-based Armour Pharmaceutical Co.
They are all accused of allegedly allowing HIV-infected blood-clotting product to be given to hemophilia patients in the 1980s and early 1990s, during what's considered Canada's largest-ever public health disaster.
Benotto must grant approval before the Crown can call more than five expert witnesses, but doing so would turn the trial into "a war of experts,'' said Brian Greenspan, defence lawyer for the pharmaceutical company.
"This is a criminal trial, this is not a public inquiry,'' Greenspan thundered in court.
He also charged the Crown did not provide full disclosure on its roster of witnesses, making it "next to impossible'' for defence lawyers to respond.
Perrault's lawyer, Eddie Greenspan, said the Crown's tactics prevent his client from clearing his name.
"In my respectful submission, we're facing an abusive prosecution,'' said Greenspan, Brian's brother.
Perrault is charged with four counts of criminal negligence causing bodily harm and one count of criminal nuisance endangering the public for his alleged role. He was not in court Monday.
Defence lawyers also complained of receiving key documents as late as Sunday night, therefore impeding the rights of the defendants.
But Crown lawyer Trevor Shaw argued the number of expert witnesses -- expected to include blood disorder and manufacturing experts -- was necessary to conduct a fair, thorough trial.
"We are in the process of (beginning) an enormously complicated, difficult matter -- one which, in any real world, will require more than five witnesses,'' Shaw said.
"To stand here and say we're withholding, we're holding things close to our chest, is simply unsustainable.''
Benotto reserved her ruling.
"The defence knows exactly what case it has to (make) ... unless they've been asleep for the last 15 years, they should know,'' said a man who was infected with HIV and hepatitis C after a blood transfusion about 20 years ago, after the court proceedings.
"This is a waste of time, quite frankly.''
Publication of the man's identity is banned under an order Benotto granted Monday that protects the identities of victims who received tainted blood.
The order also bars members of the foreign media from the courtroom.
More than 1,000 Canadians became infected with blood-borne HIV and up to 20,000 others contracted hepatitis C in what's considered the country's worst public health disaster.
It's not clear how many people have died as a result, but the death toll was 3,000 as of 1997.
The trial, expected to last 12 to 13 months, continues Tuesday.
You are currently accessing this Site as a guest. Please login or register by clicking Here
Linear Mode
