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Dr. Rajgopal Menon will be called for cross-examination in part three of the provincial inquiry into the error rates of the pathology lab he headed at the Miramichi Regional Hospital.

The pathologist was left off a list of witnesses who will be called to testify by his own legal counsel.

However, lawyers representing those affected by his work have included his name.

For Halifax lawyer Raymond Wagner, it was legal manoeuvre. Wagner filed a class action lawsuit in July against Miramichi's Regional Hospital Authority on behalf of patients whose test results were reviewed of Menon. He said yesterday he was reserving the right to question Menon,

but that it may still not be necessary. "We want to review the transcripts and determine if it is warranted to call him back," said Wagner.

The seven parties with standing before the commission of inquiry headed by Justice Paul Creaghan had until 4:30 p.m. Tuesday to submit a list of witnesses they intend to call in the final stage of the inquiry, which begins Sept. 8.

Wagner has been unable to attend all of the testimony in stages one and two after a request to the provincial government for funding failed.

He says he will now take until mid-August to review audio tapes of the hearings to determine if Menon needs to be heard from again.

"It appears Mr. Wagner wants to cross-examine Dr. Menon so he will be called back, commission counsel Remy Boudreau said yesterday.

Boudreau also said that there needs to be acceptable reasons for recalling witnesses. "It has to be helpful in some way to the commissioner and not necessarily something we have gone over in the first two stages of the inquiry, said Boudreau. "We're going to have to sit down with the summaries we receive and then make a recommendation to the commissioner."

While a complete schedule of witnesses will not be released until later this month, Canadaeast News Service has learned more than 20 new witnesses will be called.

Dr. Rosemary Henderson, the pathologist who found discrepancies with 18 per cent of Menon's work she reviewed, will be a return witness.