Woman loses high court challenge over gender abortion doctors caught on film

A decision of the Director of Public Prosecutions (DPP) not to prosecutedoctors filmed offering abortion on the basis of a child's gender has beenupheld by the High Court.

Aisling Hubert accused the DPP of making "politically motivated"rather than "legally based" decisions.

In November this year, one of the doctors involved, Dr Palaniappan Rajmohan, was struck off for three months in fitness to practise disciplinary proceedings after being recorded offering to arrange an abortion for a woman at a clinic in Edgbaston, Birmingham, who said she wanted the procedure because the baby was a girl.

But Lord Justice Burnett and Mr Justice Irwin, sitting in London, refused MsHubert permission to seek judicial review and will give their full reasons at alater date.

Ms Hubert and the Christian Legal Centre (CLC), which backed her application, are facing a legal bill of over £22,000 after losing their case and a linked challenge.

Their barrister, Paul Diamond, submitted that the desire of people to choosewhether they have boys or girls is creating problems in the UK and raisingimportant issues about gender-based abortion which should be addressed by the courts.

The case, which has triggered a wide-ranging public debate over genderabortion, follows an undercover investigation by the Daily Telegraph in 2012which secretly filmed doctors at British clinics agreeing to terminatefoetuses.

The Medical Practitioners Tribunal Service ruled:

At the High Court today, Mr Diamond argued on Ms Hubert's behalf that both the DPP and the CPS had "made an error of law".

But Mr Justice Irwin suggested there was insufficient evidence for aprosecution.

The judge said there was never going to be an abortion carried out and the only evidence concerned "preparatory acts" revealed by a newspaper sting.