WELLINGTON Right to Life is not only confident the Court of Appeal will uphold the High Courts decision on the work of the Abortion Supervisory Committee, but has also lodged a cross-appeal to challenge some of the lower courts findings. Crown counsel, acting on behalf of the ASC, has appealed Justice Forrest Millers June ruling that, among other findings, said there is reason to doubt the lawfulness of many abortions authorised by certifying consultants.
The Crown claims there was no evidential foundation for that conclusion and another that suggested the approval rate of abortions more than 99 per cent seems remarkably high bearing in mind that under [the Crimes Act] the consultants must form the good faith opinion that continuance of the pregnancy would result in serious danger to the mothers health.
The ASC also believes the High Court erred in law when concluding that the committee has powers to review the decision of certifying consultants two of whom must authorise each abortion and form an opinion about the lawfulness of the consultants decisions.
Spokesman Ken Orr said Right to Life is confident the Court of Appeal will uphold the judgements made by the High Court.
In its cross-appeal, his society will re-present its case for the legal recognition of the status of the unborn child as a human being and a person endowed by its Creator with human rights, the foundation right being the right to life. The High Court denied that part of Right to Lifes case.
Secondly, there will be the opportunity to put before the Court of Appeal the issue which the Royal Commission considered important, whether abortion counsellors should be independent from abortion providers, Mr Orr said.
The Court of Appeal will also now determine if any declaratory orders should be handed down. Justice Miller had been expected to hear arguments from both sides on that matter before the ASC lodged its appeal.
