Isabel Annie Aves (née Michaelsen) (18 March 1887–15 October 1938) was a New Zealand abortion provider. She was born in Waipawa, Hawke's Bay, New Zealand on 18 March 1887. Aves provided abortion services from her home in Napier using sea-tangle tents (probably Laminaria digitata seaweed stalks or a local substitute) which, when inserted into the cervical canal, absorbed water and slowly expanded, dilating the cervix.[1]

Her first trial was in Napier on a charge of "unlawfully using an instrument with intent to procure a miscarriage", but the jury could not agree on a verdict. Two further trials were held in Wellington, with the juries again failing to agree on a verdict, amid much publicity. An unusual fourth trial followed, which also resulted in no conviction.[2][3] Aves was represented by Cyril Harker at the trials in Napier in August 1936, Wellington in October 1936,[4] December 1936 and February 1937.[5][6] Harker's defense rested on lack of direct evidence; none of the women gave evidence and the crown prosecutor relied on circumstantial evidence.

In 1938, Aves was shot by Colin Herbert Hercock, the fiancé of a woman she had performed an abortion on, after he was led to believe that his fiancée was going to die as a result of the abortion. Aves died later in hospital; the fiancée survived to give evidence at Hercock's trial.[7][8] Harker defended Hercock, getting him off on the lesser charge of manslaughter rather than murder[9] and subsequently getting his prison term reduced.[10] The judge in Hercocks' trial was Michael Myers, who had presided over Aves's previous trial. During the trial, he said: "If Annie Aves had been dealt with as she should have been, this tragedy would not have happened".[11]

See also

References

  1. ↑ Lawrence, Ghislaine. The Lancet360. 9331 (Aug 10, 2002): 497.
  2. ↑ "Papers Past — Evening Post — 22 October 1936 — JURY DISAGREES". paperspast.natlib.govt.nz. 2012. Retrieved 29 February 2012.
  3. ↑ "Papers Past — Evening Post — 17 February 1937 — MRS. AVES FREED". paperspast.natlib.govt.nz. 2012. Retrieved 29 February 2012.
  4. ↑ "Papers Past — Evening Post — 21 October 1936 — CASE COMPLETED". Paperspast.natlib.govt.nz. 21 October 1936. Retrieved 15 January 2014.
  5. ↑ "Papers Past — Evening Post — 4 February 1937 — CROWN CASE ENDS". Paperspast.natlib.govt.nz. 4 February 1937. Retrieved 15 January 2014.
  6. ↑ "Papers Past — Evening Post — 17 February 1937 — MRS. AVES FREED". Paperspast.natlib.govt.nz. 17 February 1937. Retrieved 15 January 2014.
  7. ↑ Brookes, Barbara. "Isabel Annie Aves". Dictionary of New Zealand Biography. Ministry for Culture and Heritage. Retrieved 23 April 2017.
  8. ↑ "Papers Past — Auckland Star — 1 November 1938 — JURY OUT". Retrieved 3 August 2013.
  9. ↑ "Papers Past — Evening Post — 2 November 1938 — TWELVE YEARS' GAOL". Paperspast.natlib.govt.nz. 2 November 1938. Retrieved 15 January 2014.
  10. ↑ "Papers Past — Evening Post — 28 April 1939 — SENTENCE REDUCED". Paperspast.natlib.govt.nz. 28 April 1939. Retrieved 15 January 2014.
  11. ↑ "Abortionist: The story of Annie Aves". 8 October 2017.

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