29 May 2007

Right to Life – High Court Proceedings

A Justice in the High Court has struck out the evidence of six women who have given evidence of the alleged inadequacy of abortion counselling and the damage done to their mental health as a result of the abortion. Their evidence was judged to be irrelevant and inadmissible. Right to Life is disappointed with the judgment.

The judgment followed an Interlocutory application made by the Crown for a review of the judgment of Associate Judge Gendall given on 21 December 2006. Judge Gendall had held that the evidence of the six women was relevant to the statement of claim filed with the Court by Right to Life against the Abortion Supervisory Committee. The claim alleged that the Committee had failed to fulfil its statutory duties by ensuring that full regard is given to the human rights of unborn children, by ensuring that certifying consultants are held accountable for the abortions that they authorise and to stop abortion on demand. It is also alleged that the Committee had also failed to protect the health and safety of women by ensuring that women considering an abortion are informed of the development and humanity of their child and the serious potential damage to their physical and mental health, resulting from abortion. The application for the review was heard by Justice Ronald Young on 17 May 2007. The Justice notes in his judgment that by making this ruling the case of the plaintiff, Right to Life will not be fatally wounded as many of the allegations of the Committee’s failure to fulfil its statutory duties relies upon statements made by the Committee and from research publications.

The judgment also struck out part of the evidence of Right to Life’s expert witness, a specialist consulting Psychiatrist. Right to Life is pleased that the Court has accepted a transcript of evidence given by this expert witness at the District Court in Christchurch in March 1993. In this evidence she stated that there were no psychiatric indications for abortion. She also stated that doctors who authorised abortions on mental health grounds were misusing psychiatry.

It is the firm commitment of Right to Life to continue to work on behalf of women and their unborn to bring these important proceedings to a successful conclusion. It is noted that since the 1 March 2007 that the Abortion Supervisory Committee has no person appointed. The legislation provides for three persons to serve on the Committee, two of whom must be medical practitioners. The members are appointed by the Governor-General on the recommendation of the House of Representatives. One member resigned in March 2005 and has not been replaced. The two remaining members resigned on 1 March 2007.

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