Clark in clear over bad blood complaint

By MIKE HOULAHAN

Haemophiliacs infected by Hepatitis C via bad blood say they are still waiting for someone to take responsibility for their contracting the disease.

Police today announced they had decided there were no grounds to prosecute over the complaint by 45 people against Helen Clark, now prime minister, and former National MP Simon Upton in 2000, that as former health ministers they failed to act quickly enough in introducing hepatitis C screening of blood donations.

Haemophiliac recipients of the bad blood made allegations of criminal nuisance over the delays in introducing comprehensive blood screening, which resulted in hundreds of people being infected with hepatitis C between 1987 and 1993. The New Zealand Government introduced screening in 1992.

Hepatitis C is a potentially fatal liver disease caused by a blood-borne virus, spread by contact with the blood of an infected person.

"There are a number of people for whom an apology from someone is as important or nearly as important as compensation," Mike Mapperson, the spokesman for the claimants, told NZPA.

"Hope always springs eternal (of receiving an apology)...but I am a man of considerable years and cynicism."

Acting Police Commissioner Steve Long said police had conducted extensive consultation with the Ministry of Health and sought legal advice from the Crown Law Office before making their decision not to prosecute.

Mr Long said to successfully prosecute for criminal nuisance police would have to prove an unlawful act or an omission to discharge a legal duty had taken place.

"While I have sympathy for those who have been directly or indirectly affected by Hepatitis C, the legal advice we have received establishes there has been no unlawful act or breach of legal duty by the ministers, therefore there is no basis for further investigation by police."

The complex nature of the law surrounding the case had lead to the investigation taking much longer than expected, Mr Long said.

Mr Mapperson told NZPA he met with police on Monday to receive official notification of their decision.

"What I felt when they gave me their response and explained it verbally was that they had heavily relied on information within the Commission of Inquiry into the bad blood scandal.

"I felt that when that commission was set up by government it was set up with the idea of providing a whitewash because the terms of reference were extremely narrow, the timeframe was certainly well contained within the period we think should have been looked at... and should have been much wider."

Mr Mapperson said there was an ongoing expectation the Government should compensate all people involved rather than just a few who had already received payouts. Several civil actions were heading towards court action, he said.

"I understand the lawyers have filed a significant number of claims with the High Court, and many of those are still going through the process of obtaining evidence. A number of hospitals have been very slow to produce records or have produced incomplete records."

The criminal case claimants were pursuing had a precedent in Canada, where three doctors and the Red Cross were prosecuted by police in similar circumstances, Mr Mapperson said.

"I think the foundation and anyone who reads the police summary of the situation will be alarmed and concerned to find out that there is in fact within New Zealand law -- according to the police anyway -- no responsibility on the Minister of Health to act with the protection of the public in mind.

"I think that's probably the overall most concerning thing to come out of this announcement."

Haemophiliac Foundation president Mike Carnahan told NZPA the foundation would discuss the police decision at its next meeting, at the end of the month. He said the ongoing care of haemophiliacs infected by Hepatitis C was important work the foundation should be concerned with.