Doctors charged for performing abortion

February 18, 1998
Issue 

By Shannon Buckley and Angela Luvera

PERTH — On February 10, Dr Victor Chan and his anaesthetist, Dr Hoh Peng Lee, were charged for performing an abortion nearly two years ago. This is the first time in 30 years that such charges have been laid in Australia.

The operation was performed on a Maori woman who had been allowed to keep the foetus to bury it upon returning to New Zealand. The case was investigated by police after being reported by a teacher of one of the woman's children.

The two doctors, who face up to 14 years in jail, will appear in the Perth Central Court on February 17.

The case has shocked many people in Western Australia who assumed that, because of its availability, abortion was legal.

About 9000 abortions are performed annually in WA. Harry Cohen, clinical director at King Edward Memorial Hospital, commented in the West Australian: "A very small number [of abortions] comply with the law as it stands, which says abortions are legal only when a women's life is at risk. Only about 1% fit that criterion."

Doctors have been urged by those who support the law to withdraw their services to all women whose psychological health is not at risk. Following the latest charges, many doctors committed to a woman's right to choose have cancelled appointments for fear of also being charged.

Until recent assurances from the state attorney-general, Peter Foss, that there has been no change in the government's policy on abortion access, the KEMH had stopped performing abortions, and nurses across the state had decided to refuse to assist with abortions until their legal position was resolved.

According to Dr Cohen, two women tried to end their own pregnancies because of current uncertainties. Both had to be hospitalised.

Australian Medical Association state president Dr Scott Blackwell stressed that doctors want the state abortion laws liberalised, a call supported by police commissioner Bob Falconer. Premier Richard Court rejected an AMA plea to recall state parliament early to reconsider the abortion laws.

The public realisation that abortion continues to be illegal has provoked a passionate debate in local newspapers. There have been letters from women who had dangerous backyard abortions 30 years ago; people who were given up for adoption by mothers denied the option of abortion; and doctors and health professionals who support safe, legal abortion.

Port Hedland doctor Denis Evans submitted an open letter to the West Australian declaring his willingness to defy the law and risk jail by continuing to perform the operation for women who are convinced that abortion is the right decision for them. He called on other GPs also to take a stand.

Quoted in the February 13 West Australian, Evans said: "Few things are worth going to jail for, but I think this is one of them. I feel to the core of my soul that this is a decision that must be left to the woman to decide. It is extremely rare to see a woman take the decision for abortion lightly."

Evans has the support of the Rural Doctors Association of WA.

Ruth Greble, secretary of the Association for the Legal Right to Abortion (ALRA) warned that a crackdown on abortion would lead to the suspension of services and the return to dangerous backyard abortions. Reflecting on the consequences of Chan's arrest, Greble explained that five Perth abortion providers were already considering withdrawing their services.

The ALRA is launching a campaign to have abortion taken off the criminal code, and to have it treated as a health issue alongside other medial procedures. ALRA's campaign centres on the assertion that women should have the right to make decisions about issues that affect their own bodies.

Liberal health minister Kevin Prince says there is no need to review the law; since it has been 30 years since anyone was prosecuted, the law is working well.

Thirteen Labor, Democrat, Green and independent MPs have publicly stated that any attempt to criminalise doctors performing terminations is a direct attack on women. Former Labor premier Carmen Lawrence has condemned the charges against the doctors and acknowledged that "maybe" she should have changed the abortion laws when she was premier so that such charges could not be laid.

The International Women's Day collective has decided to make decriminalisation of abortion a key demand of the IWD march and rally on March 7.

Sydney action

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