by Steven Ertelt
July 18, 2006
Suva, Fiji (LifeNews.com) — Attorneys for an abortion practitioner who was responsible for the botched abortion that killed a 20 year-old student in Fiji have filed papers seeking bail and pointing out grounds for an appeal of the conviction. In May, Sachida Mudaliar was found guilty in the death of student Poonam Kumar for a botched abortion he did on her in March 2003.
Mudaliar’s lawyers are appealing his three year sentence on a conviction of manslaughter and filed papers this morning to challenge it.
Attorney Mehboob Raza claims the court and judge was biased against Mudaliar during the trial.
He indicated the trial was adjourned for 18 days after the Justice Anthony Gates indicated he had to leave the country on a trip. He also said the victim’s boyfriend was cited as an accomplice in the botched abortion, yet he was not charged in the case.
The Fiji government argues in response that the state proved its case and that an appeal is not warranted. As a result, it says Mudaliar should not be granted bail.
The appeals court is expected to rule on Friday, according to a Fiji Village news report.
Officials found Kumar dead at Mudaliar’s abortion business in Nabua, after he left her overnight in his abortion business following her death.
Gates, in his ruling, said Mudaliar was guilty of botching the abortion and guilty of gross negligence in the case.
Gates said Mudaliar knew that Kumar was at risk if she underwent the abortion. She was 20 weeks pregnant at the time and had excessive bleeding and shock after the abortion. The abortion tore her uterus and led to the massive bleeding.
In his ruling, Gates cited Mudaliar’s failure to transfer Kumar to the intensive care unit at the Colonial War Memorial Hospital once he noticed the abortion went awry.
"We now have to wait for the High Court to deliver on the date set for the appeals case, and if bail is granted to my client for that duration," Raza told the Fiji Times.