Canadian Infected Blood Probe Ends With Rancour

The three-year, C$15 million ($10.9 million) inquiry into Canada'stainted blood products scandal ended last month with Red Cross lawyers urging that inquiry chairman Horace Krever should not find for misconduct against Red Cross medical directors.

The evidence, from nearly 500 witnesses, would not support such a finding, said lawyer Robert Cosman, adding that the directors were "all men and women of good will who made decisions in good faith." Judge Krever, whose report on the tragedy is due April 30, had warned the directors, and representatives of three drug firms, that he could find against them for misconduct. This decision was upheld last June by the Federal Court of Canada but is now being appealed.

Krever "Made False Assurances To Witnesses" Earl Cherniak, a Red Cross lawyer handling the appeal, has told the Federal Court that in issuing notices suggesting misconduct by Red Cross and drug company employees Judge Krever had exceeded his jurisdiction, and that the notices amounted to conclusions of civil or criminal liability. Mr Cherniak also said Judge Krever had made false assurances to witnesses in order to gain their testimony, noting that on the first day of the hearings, in November 1993, he had stated that the inquiry was not concerned with criminal or civil liability, and that it was not, and never would become, a "witch hunt."