Witness Puts Blood Trial in Jeopardy

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Witness Puts Blood Trial in Jeopardy

By BETH DUFF-BROWN, Associated Press Writer Mon Feb 13, 6:43 PM ET

TORONTO - The case against four physicians and a U.S. pharmaceutical company

accused of failing to properly screen blood that infected thousands of Canadians

with HIV and hepatitis was in jeopardy Monday after a key witness cast doubt on

some evidence.

After years of investigation, opening arguments were set to begin in the

criminal trial of New Jersey-based Armour Pharmaceutical Co.; the former medical

director of the Canadian Red Cross, Dr. Perrault; two other Canadian

doctors and one from the United States.

But Superior Court Justice Lou Benotto was told that a prosecution witness

has questioned some evidence against Perrault and the two other Canadian

physicians and believes they may not be criminally negligent.

More than 1,000 Canadians became infected with HIV and up to 20,000 others

contracted hepatitis C after receiving blood transfusions and tainted products

from Armour in the 1980s and early 1990s. At least 3,000 people have died and

others are terminally ill.

Benotto adjourned the trial until Feb. 21 while both sides interview Dr. Graham

Dukes, a British expert who came to Toronto over the weekend.

Dukes, a lawyer, medical doctor and professor of pharmaceutical policy at the

University of Oslo in Norway, initially said in a preliminary review of the case

that the charges appeared to be well-founded.

But in his final draft report last week, Dukes said: " I do not believe that

there is, in the documentary evidence available to me, a sufficient basis for

the criminal charges against the blood transfusion service and its directors. "

Perrault, 68, and the others are accused of allowing an HIV-infected,

blood-clotting product to be given to hemophilia patients. Perrault faces four

counts of criminal negligence and one count of endangering the public for his

alleged role in the scandal.

Facing similar charges are Dr. Rodell, an American and former vice

president at Armour, based in Bridgewater, N.J., and Dr. Wark Boucher and

Dr. Furesz, both former Canadian federal health officials.

Neither Rodell nor his company, Armour, were mentioned in court Monday. Their

lawyer said Dukes did not appear to question the charges against them.

Kreppner, a hemophiliac who received tainted blood in the 1980s and is

gravely ill with HIV and hepatitis C, was distraught at the development.

A lawyer by training, though too ill to practice, he has been monitoring the

case for other victims. Kreppner said he hoped the judge would consider all the

evidence, especially from the more than 40 victims or relatives who are ready to

testify.

" The documentary evidence is just one part of the entire case, " he said, adding

he would be " extremely angry " if prosecutors withdrew the charges against the

Canadians.

" That would shake my confidence in the judicial system, " he said.

Perrault's lawyer, Ed Greenspan, said federal prosecutors may not have a choice.

" It cries out, in this report, that there is no reasonable prospect of

conviction, " he said.

Federal prosecutor Bernstein, however, told the judge that parts of

Dukes' report indicated some charges might be valid. He chastised the defense

attorneys for " cherry-picking " one aspect of the review.

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