AIDS victim claims: 'What happened to us was murder'
A BORDERS haemophiliac, who contracted HIV from a contaminated blood product and now has full-blown AIDS, fears he may not be allowed to give evidence to a major public inquiry prompted by his tireless campaigning.
And that, said Robert Mackie, would be "absolutely intolerable and unacceptable".
Mr Mackie, who lives at Cardrona, was one of 16 haemophiliacs who acquired HIV from a single batch of the clotting agent Factor VIII in 1984.
To his knowledge, 13 of that group, including Mr Mackie's two uncles and a cousin – all under the care of Edinburgh Royal Infirmary – have since died of AIDS. Mr Mackie was himself diagnosed with that condition eight years ago.
He believes the group was deliberately used as guinea pigs in the early days of AIDS research and many, including himself, were not told of their infection for several years.
Since he was diagnosed with HIV in 1987, Mr Mackie has fought a vociferous campaign for justice and says he has concrete evident to support his allegation.
"People should be behind bars, because what happened to us was murder," he told TheSouthern this week.
Mr Mackie and his wife Alice have, on several occasions, tried to get criminal charges brought against senior hospital staff, but the Crown Office has always maintained there was no case to answer.
This week, the families of many other Scots who have died from hepatitis C or AIDS acquired from contaminated blood or related products, have welcomed the announcement of the probe, to be conducted by former High Court judge Lady Cosgrove and due to sit at the end of this year.
But 58-year-old Mr Mackie is concerned the exact terms of reference of the inquiry, announced last week by Scottish health minister Nicola Sturgeon, have yet to be set.
What is known is that it will focus on the deaths in 2003 of two NHS patients in Scotland – the Rev David Black and Eileen O'Hara – from hepatitis C.
In these cases, no fatal accident inquiries took place and the SNP, then in opposition, made it a manifesto commitment to launch an inquiry.
Although Ms Sturgeon has also indicated the probe will include the incidence of HIV acquired from blood products, Mr Mackie believes he is unlikely to be called to give evidence.
"The initial feedback I have had is that it would be impractical for this inquiry to look at each and every case involving contaminated blood products, because it would take years to conclude.
"I'm also told that whatever the findings, the only recourse for people like me would be a civil action."
Mr Mackie said it would be ironic if he does not give evidence, especially as he was invited to address a privately-funded independent inquiry, under former solicitor general Lord Archer of Samwell, in London last year.
"I was asked to appear because I am part of the largest single group ever infected from a single batch of contaiminated Factor VIII which I now know came from prisoners in a Scots jail," he explained.
He told Lord Archer how, living in Peebles at the time, he had only mild haemophilia and would not have taken the treatment if he had been warned about the risks.
Mr Mackie said he discovered, by accident, a 1990 medical newsletter in which one of his consultants at Edinburgh Royal described a unique group of patients in Scotland which had formed the basis of several years of important research on AIDS.
"I examined my records and found that, although infected in 1984, I was not told until 1987. I also noted the words 'AIDS study' were written in my medical notes before I was infected.
"I am convinced we were part of a scientific attempt to understand the virus behind AIDS but were not told."
The consultant cited by Mr Mackie has always declined to comment because of his duty of confidentiality to individual patients and the possibility of an investigation by the General Medical Council.
The Archer Inquiry report is due for publication in the late summer, and Ms Sturgeon has indicated the Scots probe will not get under way until then.
"To be denied the right to put the case for myself and 15 others at our own inquiry in Scotland would be absolutely intolerable and unacceptable," said Mr Mackie.
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Last Updated:
08 May 2008 10:19 AM
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Source:
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Location:
Borders