Australia: Former Adelaide midwife Lisa Barrett found not guilty of manslaughter over home birth deaths - PressFrom - Australia
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AustraliaFormer Adelaide midwife Lisa Barrett found not guilty of manslaughter over home birth deaths

09:21  04 june  2019
09:21  04 june  2019 Source:   abc.net.au

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Former SA midwife Lisa Barrett has pleaded not guilty to two counts of manslaughter in relation to two After an inquest in 2012, South Australian Deputy Coroner Anthony Schapel found that Tully Lisa Barrett , 50, was last year charged with the deaths of two babies during high-risk homebirths .

Lisa Jane Barrett , 52, is accused of causing the deaths of two babies during home births in Lisa Jane Barrett , 52, has pleaded not guilty to two counts of manslaughter over the deaths of Sarah Kerr's birth video was today played in an Adelaide court trial hearing the alleged manslaughter of

Former Adelaide midwife Lisa Barrett found not guilty of manslaughter over home birth deaths© ABC News Former midwife Lisa Barrett outside court. 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.

The prosecution argued Ms Barrett was grossly negligent in the advice she gave the mothers and failed to inform them of the developing emergencies which required urgent hospital transfers.

However, Justice Vanstone found while Ms Barrett's conduct fell short of a competent midwife, it did not amount to criminal negligence.

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Former Adelaide midwife Lisa Jane Barrett , 52, has pleaded not guilty to two counts of manslaughter over the deaths of Tully Kavanagh in The Adelaide midwife faced the charges over the death of two babies. The home birth video was played in court while the mother gave evidence.

A former South Australian midwife who went on trial over two counts of manslaughter related to failed Barrett , 52, pleaded not guilty to two counts of manslaughter over the deaths of Tully During the trial, Tully's mother, Sarah Kerr, told the court she had given birth to the first of twins, a girl

Last year, Ms Barrett pleaded not guilty to two counts of manslaughter over the deaths of the two babies.

The prosecution argued they would have survived if not for Ms Barrett's involvement.

The claim was rejected by Ms Barrett's defence lawyer Scott Henchliffe SC, who told the court "the direct causes of their deaths were not acts of the accused or her omissions".

Sarah Kerr's son Tully died two days after his birth in October 2011.

Tully's twin sister, who was delivered first, survived.

Ms Kerr previously told the court that Ms Barrett appeared calm and did not convey to her the "extreme danger" her son was in during labour before a decision was eventually made to transfer her and the child to hospital by car.

Justice Vanstone said she was satisfied that the prosecution had failed to prove Ms Barrett's acts or omissions had caused Tully's death.

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Involuntary manslaughter may be distinguished from accidental death . A person who is driving carefully, but whose car nevertheless hits a child darting out into the street, has not committed The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter .

Lisa Barrett is charged with two counts of manslaughter over the deaths of the two babies, who died in Cop found not guilty at manslaughter trial - YouTube. A judge found Michael Brelo not guilty of all Former midwife , 50, faces court after being charged with manslaughter over the death of two

"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," she said.

"She therefore, owed a duty of care to each baby.

"On count one, 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."

Judge says prosecution failed to prove both counts of manslaughter She said while she found the accused's conduct less than competent, the prosecution had also failed to prove Ms Barrett's fault in the death of the second baby.

"On count two, the prosecution has failed to prove that the accused's acts or omissions in the antenatal period caused [the second baby's] death," she said.

"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."

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