BRITISH ABORTION LAW

Evening Star, Issue 23015, 21 July 1938, Page 13

BRITISH ABORTION LAW

THE BOURNE CASE EVIDENCE IN LOWER DOUBT Press Association—By Telegraph—Copyright LONDON, July 19. Mr 11. A. K. Morgan, opening the case for the Director of Public Prosecutions in the Magistrate’s Court in the case in which Dr Aleck William Bourne, consulting obstetrical surgeon at St. Mary’s Hospital, consulting surgeon to tlie Samaritan Hospital, and an examiner of the University of Cambridge, was charged with having illegally used an instrument on the girl, said: “This is a case where the defendant, who is very highly regarded in his profession, has deliberately and openly defied the law for reasons which he thinks are good and sufficient. “ Dr Bourne holds, among other appointments, that of honorary Obstetric .Surgeon to St. Mary’s Hospital, Paddington. “ The law of this country does not specifically recognise any L terfeivnee with pregnancy as justifiable. “ It appears, on such authority as I am able to find, that to procure a miscarriage is admissible on two grounds—first, where it is necessary to save the life of the mother; and, secondly, where it is necessary to save the life of the child, and apparently it is not permissible in the present state of the law on any other grounds whatever. It cannot be done for the sake of family honour or other ethical reasons.’’ LAW OPENLY DEFIED. Mr Morgan said that Dr Bourne was one of a number of medical men and others who apparently held the view that the present state of the law with regard to abortion ought to be altered, or, in any event, relaxed, to what extent he did not know. “ To ventilate this opinion,’’ added Mr Morgan, “ the defendant, as I say, has openly defied the law, and has committed a crime for which the maximum penalty of the statute is penai servitude for 'life.

“ Dr Bourne has been exceptionally fortunate in being able to find what from his point of view is an absolute perfect case for this purpose. “ The girl in this ease is under 15, and was pregnant through ro fault of her own.

“The case will naturally enlist a great deal of sympathy, and, of course, very much more sympathy than in the ease of a loose woman or of a married woman who did not want the inconvenience of a child to interfere with her enjoyment. “ On April 27 this girl, who was then about three months under 15. was deliberately assaulted at the Horse Guards. In that case the unfortunate girl got a great deal of publicity." Mr Morgan asked that the girl’s name should be suppressed, and Mr Gerald Thesiger, for the defence, agreed. As a result of what took place at the Horse Guards, continued Mr Morgan, the girl was taken to see Dr Joan Malleson, a member of the Medical Legal Council of the Abortion Law Reform Association, of which Dr Bourne was also a member. On seeing the girl and being L'J of the circumstances of ner condition she wrote to Dr Bourne, and on Mav 27 ho replied to her, saying “ I am interested in the case which you describe.” INVITED TO TAKE ACTION. Mr Morgan added that Dr Bourne’s letter stated that he would be “ delighted ” to perform an operation, and continued; “ I have done this before, and have not the slightest hesitation in doing it again. . . .

“ I have said the next time I had such an opportunity I should mute to the Attorney-General and invite him to take action.”

The girl was taken to see Dr Bourne on May 31, said Mr Morgan, and her father wrote consenting to the operation. Soon after Hr Bourne saw the resident obstetric officer at St. Mary’s, and told him about the case.

He gave as his reasons for the operation that the girl was under the ago of consent when the assault took place.

She was admitted to St. Mary’s on June 6, Mr Morgan went on, and found to be pregnant. Dr Bourne performeU the operation in the presence of Dr Wingate on Juno 14. On the same day Chief-inspector Bridget—not, said Mr Morgan, as a result of any direct communication from Dr Bourne—heard of the operation and went to see him at the hospital. Dr Bourne said to the inspector: “ I want mu to arrest me.” Inspector Bridget - replied that he would 'report the case to the proper authorities Dr Bourne then said: “The girl was brought to me by her mother. .This morning 1 induced abortion. In my opinion as an obstetric surgeon it may bo dangerous for a girl of iter age to bear a full-time child.

“ Up to now.” commented Mr Morgan, “ that is the only defence he has put forward, and I do not think ho seriously puts it forward as a real defence as the law stands.”