CHARGE AGAINST WOMAN

Press, Volume XC, Issue 27400, 13 July 1954, Page 9

CHARGE AGAINST WOMAN

CONCEALMENT OF BIRTH ALLEGED After hearing evidence for the prosecution and submissions for the defence in the Magistrate’s Court yesterday, Mr Rex C. Abernethy, S.M., reserved his decision until today on a charge against a young' woman of concealing the birth of her child. Interim suppression of her name was allowed. Detective-Sergeant G. W. Alty appeared for the police and Mr R. S. D. Twyneham for accused. Police evidence showed that accused’s husband died in November, 1951, at which time she was pregnant, having conceived about one month earlier. In July, 1952, the pregnancy was terminated. Acting on information received the police interviewed accused last month and visited a house and dug up a garden. Bones were discovered and these were handed to Dr. C. T. B. Pearson for analysis. Dr. Pearson said the bones were of human origin, and examination suggested that the bones were at or beyond the stage of viability. He could not say if the child was alive or dead when born. Detective-Sergeant E. G. Ward said he had interviewed accused. She told him the baby had been born in the lavatory of a house in which she had been living. It appeared to be dead and not breathing. The next day she had buried it in the garden. She had not told anyone about the birth but said she had a miscarriage. Mr Twyneham did not call evidence, but made submissions on the provisions of the Births and Deaths Registration Act and the’ Cemeteries Act. He said one of the essences of the offence was mens rea. The woman gave birth to a baby which was premature and not much more than seven months, and so she was faced with the position of disposing of the body. It might have been an offence against the Cemeteries Act but that was all.