Red Cross accused of 'playing on fear' as gay blood ban case closes

This media release was issued by the TGLRG on 17.11.08.

The landmark Tasmanian case on gay blood donation has ended with claims the Red Cross is 'playing on fear'.

Peter Tree SC, lawyer for Launceston man, Michael Cain, who was refused the opportunity to donate blood in 2004 when he revealed to Red Cross staff he was in a sexual relationship with another man, has told the Tasmanian Anti-Discrimination Tribunal that the Red Cross has exaggerated the HIV risk associated with male-to-male sex.

"Witnesses for the Red Cross have consistently over-stated the risk of men who have sex with men being infected with HIV or passing it on", Mr Tree said.

"The Red Cross has played on fear of infection, fear of the unknown, and fear of harm, none of which are borne out by the available evidence."

Mr Tree was presented the closing submission in a case which began in mid-August and has heard evidence from witnesses from across Australia and around the world.

Mr Cain said he believes he has had a fair and just hearing from the Tribunal.

"Sometimes I feared the avalanche of material presented by the Red Cross would obscure the basic message that HIV is passed on by unsafe sex not gay sex, but I think we have been able to expose the irrelevance of most of this material and keep the focus where it belongs, on the need for more safe blood", Mr Cain said.

The Tribunal now faces the mammoth task of weighing evidence that runs to several thousand pages.

It is expected to hand down its decision within six to twelve months.

For more information contact Michael Cain on 0400 734 798.