Hearing told of `offensive' mail

Prof Ian Temperley, the State's former leading treater of haemophiliacs, has received hate mail in recent days arising out of media coverage of his evidence to the Lindsay tribunal, it was claimed yesterday.

The doctor's counsel, Mr Brian McGovern SC, cited a radio interview last week which, he said, contained "dangerous" and inaccurate claims that were very unfair to his client.

Mr McGovern said he was not asking for contempt-of-court proceedings to be initiated, but there should be some guidance or ruling against journalism of this type.

"I have to say with regret that in the last day or so Prof Temperley has received some offensive mail, and in a way that's hardly surprising in view of some of the reporting," Mr McGovern said.

Judge Alison Lindsay said she could not stop journalists from covering the tribunal, "but I do expect them to report it fairly and accurately, and if there is to be comment on that report that that would be fair and accurate also."

The controversy arose following an interview last Thursday on Today FM's Last Word show between broadcaster Eamon Dunphy and Mr Raymond Kelly, whose son, John, died from an AIDS-related illness in 1994 and who gave evidence to the tribunal last year on Prof Temperley's handling of the case.

Mr McGovern noted that Mr Kelly had criticised the doctor's evidence, and had stated as fact that there was neglect. Addressing the chairwoman, Mr McGovern said: "With respect, this is a matter for you to investigate."

He said Prof Temperley had "correctly" declined to give interviews in the course of the tribunal, and "it is only reasonable and fair to expect that other parties before this tribunal would do likewise. Otherwise, there is a danger that the public will get quite a distorted view of what is happening here."

The interview in question gave an entirely false view of certain matters, he added. The suggestion that Prof Temperley was given an unfair advantage over Mr Kelly by being allowed to use notes when giving evidence was "dangerous nonsense, and it's part of an insidious suggestion that has been made on more than one occasion that the interests of patients with haemophilia are not being treated fairly here".

The claim by Mr Kelly that Prof Temperley "hid" behind John's pain was both offensive and grossly unfair when Prof Temperley was not heard on the programme or offered an opportunity to respond.

Counsel for the Irish Haemophilia Society, Mr Martin Giblin SC, said he was not representing Mr Kelly on this matter and could not comment further other than saying Mr Kelly was a long-standing and highly respected member of the society.

On the question of notes, Mr Giblin said the IHS had no objection to their use by Prof Temperley as long as the same facility was be extended to others.

Judge Lindsay said she had listened to the arguments and read the transcript of the radio interview and felt the comments made by Mr Kelly "overstep the boundary".

Mr Kelly was to the best of her knowledge represented by Mr Martin Hayden, and it was up to him to put any question, allegations or points to Prof Temperley in his cross-examination. "That is not to say I don't understand the anger and anguish of Mr Kelly, which I do. But he must not rush out to a microphone," she said.

"It is also very important that Prof Temperley will be given the opportunity to reply. He wasn't given any opportunity to reply on that programme and so, therefore, it was unfair. All I'm saying is that fairness must prevail."