Warning: This story may be upsetting.
A woman whose newborn son was found dead inside a sanitary waste bin by cleaning staff at Middlemore Hospital has been granted permanent name suppression, but a judge today denied her request for a discharge without conviction.
Judge Stephen Bonnar said the decision to enter a conviction came “not without some degree of regret” given the sad circumstances of the case. He declined to enter any additional sentence, noting that she already has psychological support.
“I know that this has been a traumatic ordeal for you,” he told the 29-year-old as she sat beside her father in Auckland District Court. “I hope you are able to put this behind you, move on with your life.
“This need not determine who you are. It is a tragedy, but it is a tragedy that I hope you will overcome.”
The woman pleaded guilty in November to concealing the dead body of a child on the morning of Aug 4, 2021, the day she gave birth.
Court documents state she had been brought to the South Auckland hospital by her parents at 5.20am that day due to severe stomach pain and vaginal bleeding.
At some point between then a 7.40am, she gave birth inside a bathroom adjoining her room, placed the child in the bin, cleaned up the area and returned to her room.
A post-mortem exam of the child’s lungs indicates he was alive at birth.
“It is unknown how long the baby survived post-delivery, or indeed whether he had passed away immediately after birth,” court documents state. “The cause of death remains unknown.”
There is no evidence, authorities have said, that the defendant or her parents knew she had been pregnant.
A cleaner found the child’s body at 9am, about an hour after the defendant had been moved to another room.
When confronted, the woman denied that she had been pregnant and insisted she was not sexually active. A DNA test confirmed the child was hers, but she continued to insist to police that the baby couldn’t have been hers and that she had no memory of giving birth.
She spent about a year in psychiatric care before the criminal charge was filed against her.
The defendant was diagnosed with having suffered “dissociative amnesia”, possibly triggered by a traumatic event associated with conception. A psychologist who interviewed her noted that she now appears to accept that she had been previously sexually active, but she maintains that she doesn’t remember what led to the pregnancy.
Crown prosecutor Freddy Faull acknowledged the woman’s diagnosis was unusual, possibly posing the threat of ongoing mental health issues. But a discharge without conviction isn’t fitting of the gravity of the situation, he argued. Prosecutors were neutral on the defence’s application for permanent name suppression.
Defence lawyer Emma Priest, meanwhile, pointed to a report by forensic neuropsychologist Sabine Visser in which concern was raised that the defendant might have a rapid, traumatic return of her memory if her name is published.
Having the memory flood back in an overwhelming manner rather than in a controlled environment such as therapy could have an adverse effect on her mental health and put her in danger of self-harm, Priest argued.
WHERE TO GET HELP:
If you are worried about your or someone else’s mental health, the best place to get help is your GP or local mental health provider. However, if you or someone else is in danger or endangering others, call the police immediately on 111.
OR IF YOU NEED TO TALK TO SOMEONE ELSE:
- LIFELINE: 0800 543 354 or 09 5222 999 within Auckland (available 24/7)
- SUICIDE CRISIS HELPLINE: 0508 828 865 (0508 TAUTOKO) (available 24/7)
- YOUTHLINE: 0800 376 633 ,free text 234 or email [email protected] or online chat.
- NEED TO TALK? Free call or text 1737 (available 24/7)
- WHATSUP: 0800 942 8787 (1pm to 11pm)
- DEPRESSION HELPLINE: 0800 111 757• SAMARITANS – 0800 726 666.
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