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SAINT JOHN - A lawyer is decrying the province's refusal to fund law firms representing patients and their families at an inquiry into pathology services at Miramichi Regional Hospital.

Raymond Wagner, one of the lawyers representing victims, said the move harms those whose cancer tests were misdiagnosed and could be an attempt to bury the truth.

Wagner said the motivation of those involved in the inquiry should be questioned.

"Everyone is protected here except those most affected," Wagner said.

"If the goals of the inquiry are to attempt to exonerate the government and to ... exonerate those people who have a vested interest in being exonerated, then it probably serves its purpose not to have the representatives of the people who are truly affected (involved)."

Wagner said it's unfair to expect "regular people" not experienced in the inquiry process to fend for themselves. He said those who could ask the tough questions have been hamstrung and excluded from the process.

"They can't afford ... to have someone there, not only to be in the inquiry, but to listen to the testimony, to read the material and also to make appropriate representation (and) cross-examination of very important witnesses," he said.

Wagner is serving as a spokesman for lawyers representing patients and their families, including lawyer George McAllister, who received a letter in May from the Premier's Office saying funding wouldn't be given.

Canadaeast News Service has reported that Premier Shawn Graham's letter said according to the Inquiries Act, the province wasn't required to provide funding to assist people who have been or perceived to be aggrieved. The letter also said council would be provided to represent the public interest.

Wagner said if it came down to the people affected seeking recompense for being harmed, they would receive money from the public purse - the public interest is at odds with the interests of those affected.

Wagner questioned whether the purpose of the inquiry is to get to the truth or to just go through the motions and give the appearance something is being done.

The inquiry is looking into pathology practices at Miramichi Regional Hospital, particularly the work of Dr. Rajgopal Menon. In early 2007, an independent review of 227 of Menon's pathology files was launched. Of these, 18 per cent were found to be incomplete and three per cent were misdiagnosed.

Menon, a doctor for 45 years, had his licence suspended early in 2007 by the College of Physicians and Surgeons. He has since had his licence reinstated with conditions.

Wagner said lawyers would still show up at the inquiry for their clients in June despite not receiving funding.

"We are going to do our best, when we can, to appear to facilitate our client's testimony before the commission," he said.

Calls to the Department of Health weren't returned and no one from the Premier's Office would comment.