After hearing final oral submissions from Mr O’Brien’s counsel on Thursday, chair to the inquiry Christine Smith KC said the panel was interested in what Mr O’Brien was saying in parts of his written submissions.
She asked if they were correct in the interpretation that he was “in some way saying that this inquiry has been unfair to Mr O’Brien”.
Gerry Boyle KC, counsel for Mr O’Brien, told the inquiry that there were three core participants to the inquiry.
“So far, only one of them, I can’t speak for the Department, but only one of them has had access to full sets of records – all of the scans, all of the correspondence, all of the reports on all of the patients,” he told the inquiry.
He said that Mr O’Brien has not.
He added: “If there are going to be findings of fact made which are going to be critical of a medical practitioner, about his treatment of a patient, in a public report where he has not even had the opportunity to read a single page of some of the records of some of them, that is unfair.”
Responding , the inquiry chair rejected the suggestion that the inquiry had been in any way unfair to Mr O’Brien.
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