In a dramatic intervention on 13 March, the Crown Prosecution Service (CPS) informed lawyers representing Aisling Hubert that it will take over and drop the private prosecutions brought by Miss Hubert against doctors who were prepared to offer abortions on gender grounds.
A letter states that ‘on the current evidence before the court, there is insufficient evidence to form a realistic prospect of conviction’ and ‘the public interest considerations in not pursuing a prosecution outweigh those in favour, as concluded and set out in 2013’.
Withholding evidence
The CPS also cites the fact that Miss Hubert did not have the complete footage of undercover filming of the two doctors. However, lawyers acting for her have made repeated requests for that footage to be released to them by the CPS (which is in possession of it). Initially the CPS indicated that the footage would be released to Miss Hubert but later changed its position.
In February 2012, undercover reporters from the Telegraph filmed the doctors offering abortion on the basis of the baby’s gender. One doctor was filmed saying: ‘I don’t ask questions, you want a termination, you want a termination,’ the other said: ‘It’s like female infanticide, isn’t it?’
The controversial decision provoked concern from across the political spectrum.
Like North Korea
Subsequently, Aisling Hubert has been ordered to pay £25,000 costs by the CPS. One Christian woman commented: ‘The CPS hold the evidence they say that Aisling Hubert needs. They won’t give it to her. Then they effectively “fine” her, via insisting she pay costs, for not being able to provide the evidence required. And then they fold the case. Did we just move to North Korea?’
