Section 1

30 Commissions of Inquiry Ch. 70. [Gazetted 5th May, 2001.] WHEREAS it has come to my attention that during the period March 28th, 2001 and April 10th, 2001, three patients at the Karl Heusner Memorial Hospital may have been transfused with blood suspected to be contaminated with the human immune-deficiency (HIV) virus; AND WHEREAS, following this incident, I was advised by the Minister for Health that a full, faithful and impartial inquiry into the circumstances surrounding and leading to the transfusion of blood that tested positive for the human immune-deficiency (HIV) virus to three patients at the Karl Heusner Memorial Hospital between the period March 28th, 2001 and April 10th, 2001 should be held without undue delay; AND WHEREAS, based on the advice of the Minister for Health, it seems to me desirable to appoint a Commission of Inquiry into the circumstances of the transfusion of blood that tested positive for the human immuno-deficiency (HIV) virus to three patients at the Karl Heusner Memorial Hospital; Commissions of Inquiry 31 NOW KNOW YE that by virtue of the powers and authority vested in me by section 2 of the Commissions of Inquiry Act, Chapter 70 of the Laws of Belize, Revised Edition 1980 – 1990, I, SAID MUSA, PRIME MINISTER, do by this Commission, appoint you the said SIR GEORGE ESQUIRE and LEROY TAEGAR, MD, ESQUIRE, to be the Commissioners for the purpose hereinafter mentioned with all the powers by the said Act conferred, and I DO authorize the said Commissioners in the manner in the said Act provided, to make a full, faithful and impartial inquiry into the circumstances surrounding and leading to the transfusion of blood that test positive for the human immune-deficiency (HIV) virus to three patients at the Karl Heusner Memorial Hospital during the period of March 28th 2001 and April 10th 2001, with specific reference to the following matters, to wit– (a) the circumstances surrounding and leading to the transfusion of blood that tested positive for the human immuno-deficiency (HIV) virus to three patients at the Karl Heusner Memorial Hospital during the period of March 28th, 2001 and April 10th, 2001; (b) where possible to determine whether and where any breakdown in the system occurred, and if there was any negligence involved; (c) make recommendations based on the results of the findings of the Commission aimed at preventing a recurrence of such an incident; (d) any other matter relating to the above. I HEREBY DIRECT that you the said SIR GEORGE BROWN, KT, ESQUIRE, shall be the Chairman of the said Commission to hold the inquiry as aforesaid and I also direct that each of you having made and subscribed an 32 Commissions of Inquiry oath or affirmation as required by law and having deposited the same with the Secretary to the Cabinet, you do hold your meetings at such place or places and at such time or times as you the said Commissioners may appoint and that you the said Commissioners do make report as soon as may be practicable of the result of your inquiries with such comments and recommendations as you may think fit, furnishing me with a full statement of your proceedings and of the reasons leading to the conclusions and recommendations at which you may arrive or report. I DO HEREBY FURTHER DIRECT that the inquiry shall, expect when you deem it necessary or advisable to do otherwise, be held in public. AND I DO HERBY REQUIRE AND DIRECT all public officers and other persons to whom you may apply for assistance or information for the purposes of your investigation to render all such assistance and furnish all such information as may be rendered or furnished in that behalf. MADE in Belmopan this 4th day of May, 2001. Prime Minister