ABC News reports that former midwife Lisa Barrett has been found not guilty of two counts of manslaughter over the deaths of two babies during home births in 2011 and 2012. Ms Barrett, 52, stood trial in Adelaide’s Supreme Court before Justice Ann Vanstone without a jury.
R v Barrett (No 3) [2019] SASC 93.
-
I am satisfied beyond reasonable doubt that, although unregistered, the accused held herself out as having the skills of a midwife and took on the role of midwife in respect of the pregnancies of both Ms Kerr and Ms H. She therefore owed a duty of care to each baby.
-
On Count 1 the prosecution has failed to prove that the accused’s acts or omissions in the antenatal period, or during the labour, caused Tully’s death. In addition, I have found that the prosecution fails on proof of criminal negligence.
-
On Count 2 the prosecution has failed to prove that the accused’s acts or omissions in the antenatal period caused Ryan’s death. The prosecution has failed to prove that the accused was criminally negligent in her management of Ms H’s labour. I cannot be satisfied that, if the accused had advised Ms H to transfer to hospital when warning signs emerged, Ryan’s life would have been saved.
-
While I have found that the accused’s conduct in relation to the labours of both women fell short of that of a reasonably competent midwife, in neither case has it been proved beyond reasonable doubt to be grossly or culpably negligent as the law of manslaughter by criminal negligence requires. Although I find the accused’s conduct was less than competent, I am not satisfied that her conduct merits criminal sanction.
-
My verdict in relation to each count is, ‘not guilty’.