JUDGE'S COMMENT

Otago Daily Times, Issue 23883, 10 August 1939, Page 7

JUDGE'S COMMENT

SOCIAL GRIME FOR PAYMENT VERDICTS BY SOME JURIES cPer United'Press Association; . NEW PLYMOUTH, Aug. 9. "It would mean the end ,of the British Empire," said Mr Justice Reed in the Supreme Court at New Plymouth, ' whejl discussing a suggestion mentioned ,by his Honor that a section of the community ' believed abortion, should be permitted." " That could ; not 6e.allowed",he said. "Even Russia, where it, had. been permitted,; had found.' it necessary to prohibit the practice." His Honor's remarks were ; made when he summed up oh 'a charge of illegally using ah instrument to procure a miscarriage. They knew, he said; that juries had refused, to convict on charges of that type,.some of them in most glaring cases, and, they. had heard that that was because there was a section- of, the community that be-, lieved abortion should be'permitted. Another reason quoted for acquittals in cases of this kind, he continued, was that juries ponsidered.an accused person should not be convicted while no. proceedings were taken against accomplices in the act, such as the husband and wife. . It was pointed out, however, that if it became compulsory to prosecute such persons on the grounds that they were accomplices, the police would get no evidence at all. Conse-i quehtly it was unreasonable for juries to take up that attitude. It was also argued that such operations were done for the advantage of the persons on whom they were performed, but,'his Honor said, it must be remembered that the person undertaking the operation did it for cash. One could understand a family doctor operating on a young girl who had got into trouble, even although it was against the law. Under such circumstances, they could have some sympathy for the doctor. "But," added his Honor, "you cannot understand a man who does it simply for cash. It may sound all right to say that if an abortionist is to be prosecuted it is only fair that his accomplices should be convicted, but it does not hold, because the abortionist does it only for filthy lucre."