British Police Agree to Investigate Abortion of Baby With Cleft Lip and Palate
News that police in Hereforshire, England are opening a criminal investigation into the abortion of baby who was prenatally diagnosed to have a bilateral cleft lip and palate would seem to be unambiguously good news. Alas, that may not be the case.
Police in West Mercia initially stonewalled Church of England curate Joanna Jepson's request for a criminal investigation of the December 2001 abortion. Last December Rev. Jepson won permission from the High Court to challenge in court the police's refusal to prosecute the abortion, which took place when the baby was 28 weeks old. She had first sought the investigation in September 2002.
In theory, under the 1967 Abortion Act, abortion is allowed "only" through the 24th week, unless there is a serious threat to the mother or if the baby would be born with "a serious handicap," which is not precisely defined. Rev. Jepson, who was born with a congenital jaw defect corrected by surgery and who has a brother with Down Syndrome, said the abortion was an "unlawful killing" because in most cases a cleft palate can be cured by surgery, according to LifeSite.com.
The judicial review, at a minimum, has been put on hold. The London Telegraph described the situation this way: "A judicial review, due to start on May 24, has been delayed indefinitely under pressure from West Mercia Police, who have re-opened a criminal investigation into the case."
For her part, Rev. Jepson told reporters May 9, "I have had to agree to this because there is case law to say that the judicial review could not go ahead while an investigation is in process. At this stage, we feel it is necessary to co-operate. It is frustrating, but I hope this way means the issue is not going to be fudged by another investigation."
She added, "It is my undying hope that the police not only take into account the surviving individuals involved in the case, but also the one whose life was taken away," according to the Telegraph.
Last year, in explaining her actions, Jepson told the BBC, "I want to see a clarification of the law so that abortions do not take place for trivial reasons and so that discrimination against the disabled does not become widely accepted.We need to resist the belief that the value of human life lies in physical perfection and have a wider understanding of disabilities so that disability is not seen purely in negative terms."
Last week, the name of one of the two abortionists who agreed to the abortion, Michael Cohn, became public. He could be charged with willfully failing to meet the requirements of the Abortion Act, or, according to LifeSite.com, "Police could charge him under the Offenses Against the Human Person Act with a possible penalty of up to life imprisonment."
Just how troublesome the delay could be is clear from the Telegraph's account. "Although the review is provisionally expected to go ahead in September, concern is growing that it could collapse if police decide to press charges against Dr Cohn." That speculation is fueled by the idea that since the major reason the High Court agreed to the review was the failure of West Mercia police to investigate a potentially criminal act, the police decision to go forward "could be an insurmountable obstacle," the Telegraph reported.
This could mean, the newspaper wrote, "that the definition of a 'severe handicap'... will be left unclarified and subject to interpretation by individual doctors and parents."
While Jepson "welcomed" the police's decision to investigate, she also told the Telegraph, "This case has highlighted a grave injustice against babies deemed unfit to live because of an impairment." Jepson added, "We therefore look forward to the judicial review as this is essential to a wider redress of this discrimination in our society."
On Thursday we'll take a deeper look at this tragic and troubling case.
May 12, 2004