Police decide not to prosecute over illegal abortion

A surgeon who performed an illegal abortion at a Palmerston North hospital avoided a possible 14-year jail term by promising not to do it again, The Press reported today.

Documents obtained by the newspaper show the illegal abortion was performed in late 2002 and was kept under wraps after Palmerston North police chose not to prosecute the doctor or the Southern Cross Hospital.

The hospital is not licensed to perform abortions under the Contraception, Sterilisation and Abortion Act 1977.

The decision by police not to lay charges was based on the surgeon's "indication to police that (he/she) would no longer be performing terminations", the Press reported.

The hospital and doctor were given a written warning.

A letter from crown prosecutor John Oliver to the Abortion Supervisory Committee states: "The police have advised that they have fully investigated the matter and have concluded, in the light of explanations provided by the hospital and (Dr X) that the matter should be dealt with by way of a formal written caution to both the hospital and (the doctor).

"The hospital has satisfied the police that it has put procedures in place which will ensure that there is no repetition. (Dr X) is also well aware of responsibilities and has indicated to the police that (he/she) will be no longer perform terminations at any stage in the future."

There were 17,380 legal abortions performed in New Zealand in 2002.

Under the Crimes Act anyone who performs an illegal abortion is liable for a maximum 14 years imprisonment.

Right to Life New Zealand, an anti-abortion lobby group, said the act should have been enforced when police discovered the illegal abortion.

"This makes a mockery of the law. What is the point of having a Crimes Act if it is not going to be used?" spokesman Ken Orr said.

Southern Cross Hospital's chief operating officer Terry Moore said the hospital voluntarily reported the illegal abortion to authorities.

"Surgeons come into our facility and effectively bring patients with them. This particular surgeon booked in a termination which was accepted by our booking clerk. That's where the error took place."

- NZPA