Doctor Not Guilty Of Unlawful Killing
MELBOURNE. This Day. By direction of a judge at Bendigo the jury acquitted Dr Gerald Russell Fetherston on a charge of having unlawfully killed Rev. Walter James Ding, Baptist pastor, who died on June 21 from peritonitis following an operation performed by Fetherston. The prosecution alleged that (he operation had been carelessly performed. Addressing the jury Mr Justice MacIndoe said that to prove criminal negligence against a doctor it must be shown beyond all reasonable doubt that what the doctor did was of such criminal nature as to deserve punishment. Evidence heard appeared to reduce to a very short compass that the doctor undoubtedly made a mistake. On medical evidence it appeared that any skilled medical man might fall into the same error in diagnosing a condition of the gladder or rigidity of the stomach. It would not be safe to allow a jury to run the rsk of finding him guilty.
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Northern Advocate, 14 September 1944, Page 4
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158Doctor Not Guilty Of Unlawful Killing Northern Advocate, 14 September 1944, Page 4
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