DOCTOR EXONERATED.

New Zealand Herald, Volume LXIV, Issue 19607, 8 April 1927, Page 12

DOCTOR EXONERATED.

UNSUPPORTED ALLEGATION. MOTION FOR DE-REGISTRATION. JUDGE REFUSES APPLICATION. [BY TELEGRAPH. OWN CORRESPONDENT.] v > WELLINGTON, Thursday. An application was made in the Supreme Court to-day, before Mr. Justice Reed, by the New Zealand Medical Council to have Dr. George Oscar Jacobsen, of Wellington, struck oft" the register of medical practitioners on the grounds of infamous professional conduct, it being alleged that on June 30, 1926. he gave to a woman the name and address of Mrs. Nevill as a person who might be able to procure an abortion. Evidence was given by a woman as to receiving a scrap of paper with Mrs. Nevill's name and address, from Dr. Jacobsen, but she admitted! there was nothing on the paper to indicate that it had come from him. She admitted also that she consulted Dr. Jacobsen becausp she thought he might know of some such woman, and she stated she was not disappointed that the doctor himself had not done anything for her beyond giving her a prescription for medicine, which detectives admitted proved to be merely a tonic. Witness admitted in cross-examination that the word "abortion" was never used in the interview with Dr. Jacobsen, nor did he say, "Go to Mrs. Nevill, she will put you right." Witness said, however, that Dr. Jacobsen that Mrs. Nevill might be able to do something for her. . Dr. Jacobsen, in evidence, denied advising the first witness —whom he did not recollect calling on him, but was willing to assume he had seen-—to go to a woman who might procure an abortion. On the contrary he advised witness against that when she suggested it. He denied giving her Mrs. Nevill's address, or that he had ever acted in conjunction or concert with Mrs. Nevill, although ho had attended professionally the daughter, son and grand-child of Mrs. Nevill. Remarks by the Judge. His Honor remarked that the question was one purely oi fact. " A medical man is charged with a serious offence," he said. "In form it is a motion to strike him off the roll of medical practitioners. Striking him off the roll would debar him for life from practice as a medical man. 1 am quite satisfied that if he were struck off for an offence of this nature he would nevet be permitted to go on to the register again. In those circumstances I think that the Court would not be justified in finding a person guilty of an offence involving such grave results unless the evidence is clear and cogent. "I think that the principles which apply to the proving of, a criminal charge are equally applicable here. That is, that the onus is upon the council of proving .its case and of proving it with all that particularity and certainty which must be required in a criminal charge. That proof must not leave any reasonable doubt in the mind at all. The case really resolves itself into the girls word as against that of the doctor. I can find no corroboration. There are suspicious circumstances surrounding the case, but these have been answered by reasonable explanations. Outside these suspicious circumstances, there is absolutely no corroboration. I do not think the Court would be justified in exercising its extreme power without seeing that there :s some corrobation of the girl s statement. Possible Far-reaching Results. Continuing, His Honor said: "The result may be very far-reaching. It may affect the whole, or any of the members of the medical profession. A girl might go to the most respectable and responsible member of the profession in this town and be examined. She might then, getting no hint or suggestion from that doctor find her way to an abortionist. It is quite possible' that on her discovering that she was committing a serious crime the very first thing that suggested itself to her to say was that the doctor had advised her to do. it. It is a very small step from saying that, in the first instance to coming into the box afterwards and swearing it.'' "I am satisfied," concluded His Honor, "that I would not be doing my duty m the matter if I held on uncorroborated evidence like this that the motion has been proved." The application was accordingly dismissed and costs were granted to the successful ' party.