- today
Gynaecologist Dr. Hector Catty (Michael Gwynn) is charged with wounding with intent to cause grievous bodily harm by performing an unnecessary caesarean operation on Deidre Thomson (Veronica Doran). His midwife Winifred Horton (Antonia Pemberton) is charged with aiding and abetting him.
CJ himself, John Barron returns as Judge Mitchenor (who seems in better spirits here!). Michael Gwynn is perhaps best known for his appearance as Lord Melbury in the first episode of Fawlty Towers as well as the film "Village of the Damned". Antonia Pemberton has appeared in many programmes and appeared in the film "A Passage to India", but can be found elsewhere on YouTube as warder Miss Troy in the episode of Within These Walls "The Slap". Veronica Doran would go on to star as Eddie Yeats' girlfriend (and later wife) in Coronation Street. And if you recognise the foreman, he's actor Nick Stringer who appeared in Only Fools and Horses!
CJ himself, John Barron returns as Judge Mitchenor (who seems in better spirits here!). Michael Gwynn is perhaps best known for his appearance as Lord Melbury in the first episode of Fawlty Towers as well as the film "Village of the Damned". Antonia Pemberton has appeared in many programmes and appeared in the film "A Passage to India", but can be found elsewhere on YouTube as warder Miss Troy in the episode of Within These Walls "The Slap". Veronica Doran would go on to star as Eddie Yeats' girlfriend (and later wife) in Coronation Street. And if you recognise the foreman, he's actor Nick Stringer who appeared in Only Fools and Horses!
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TVTranscript
00:00:00Transcription by CastingWords
00:00:30The case you're about to see is fictional, but the jury is made up of members of the public
00:00:38who will assess the evidence and deliver their own verdict at the end of the programme.
00:01:00Dr. Hector Ellis Cattie is charged with wounding with intent to cause grievous bodily harm
00:01:12to Miss Deirdre Thompson, in that he performed an unnecessary caesarean operation on her when
00:01:17delivering her child.
00:01:19Miss Winifred Horton, Dr. Cattie's assistant, is charged with aiding and abetting him.
00:01:23Thus the prosecution case is that why he performed the operation was that he had already arranged
00:01:31for Miss Thompson's child, which he may have been under the impression was unwanted, to
00:01:35be adopted by another of his patients, a woman who was herself unable to bear children, and
00:01:41that he, Dr. Cattie, stood to gain a large sum of money for arranging this adoption.
00:01:47Now, to understand why a couple unable themselves to bear children might be willing to pay a
00:01:53considerable sum of money to someone who could arrange such an adoption, it is necessary for
00:01:58you to appreciate that in this country alone there are 27 couples seeking to adopt for every
00:02:07white baby under the age of two available for adoption.
00:02:14I call my first witness, Miss Deirdre Thompson.
00:02:18Deirdre Thompson, please.
00:02:22Miss Deirdre Thompson, please.
00:02:35What is your religion?
00:02:36CV.
00:02:37Take the Bible in your right hand and read aloud the words on this card.
00:02:41I swear by Almighty God that the evidence I shall give should be the truth, the whole truth,
00:02:46and nothing but the truth.
00:02:48Are you Miss Deirdre Thompson and do you live at 17 Grange Road, Fulchester?
00:02:53Yes.
00:02:54And were you until recently a student of Modern Languages at Fulchester College of Further
00:02:58Education?
00:02:59Yes.
00:03:00Were you studying for an external degree at the University of Fulchester?
00:03:02Yes.
00:03:03Now, Miss Thompson, did you find out in January of last year that you were going to have a
00:03:07child?
00:03:08Yes.
00:03:09Had you planned for this?
00:03:11No.
00:03:12Were you then and are you still unmarried?
00:03:14Yes.
00:03:15Now, what was your reaction when you found out that you were pregnant?
00:03:17I wanted to have an abortion.
00:03:20And what did you do to this end?
00:03:22I asked a girl in college and she told me about Miss Horton.
00:03:25She gave me a telephone number.
00:03:27And did you see Miss Horton?
00:03:28Yes.
00:03:29When?
00:03:30On the 9th of January.
00:03:32And did she arrange for you to see Dr. Catty?
00:03:34Yes.
00:03:35Was this on the 11th of January last year?
00:03:38Yes.
00:03:39Now, at this time, did you have any idea how many weeks your pregnancy was advanced?
00:03:43Ten weeks.
00:03:44Now, were you absolutely sure of this?
00:03:45Yes.
00:03:46Now, when you saw Dr. Catty and told him you wanted to terminate your pregnancy, what
00:03:52did he say?
00:03:53That I was too late.
00:03:54Did he say how many weeks pregnant he thought you were?
00:03:58Just that I was too late.
00:03:59Did you argue with him?
00:04:00Yes.
00:04:01But there was nothing I could say.
00:04:02Did he use a lot of medical mumbo jumbo to confuse you?
00:04:04My lord, I really must object to him.
00:04:05Oh, my learned friend knows I mean no harm.
00:04:07Well, then say what you mean, Mr. Catty.
00:04:10Very well, my lord.
00:04:12What was the outcome of this first meeting with Dr. Catty?
00:04:15Did he agree or did he refuse to terminate your pregnancy?
00:04:18He refused.
00:04:19Now, did something happen not long after that first meeting with Dr. Catty?
00:04:23Yes.
00:04:24Yes.
00:04:25Miss Horton rang two days later.
00:04:27Had you been expecting this telephone call?
00:04:29No.
00:04:30Now, what did she say to you?
00:04:31She said, why didn't I come and have a chat?
00:04:33And did you meet Miss Horton for this chat?
00:04:35Yes.
00:04:36So, what did she say then?
00:04:38She told me that Dr. Catty had a patient who wanted to adopt a child and would pay for
00:04:43me to have it at the nursing home and give me some money.
00:04:46Did she mention a sum?
00:04:48A hundred pounds.
00:04:50One hundred pounds.
00:04:51I see.
00:04:53Now, did Miss Horton say why this woman was willing to subsidize your pregnancy in this
00:04:57way?
00:04:58That she wanted to adopt the baby when it was born.
00:05:00Hmm.
00:05:01So, this payment of money and payment of your medical fees was to be conditional on you
00:05:05allowing her to adopt the baby?
00:05:07Yes.
00:05:08Well, not in so many words, but that's what she meant.
00:05:11Did you agree at that time to this arrangement?
00:05:14Yes.
00:05:15Now, did you see Miss Horton or Dr. Catty again?
00:05:18Yes.
00:05:19She made an appointment for me to see Dr. Catty.
00:05:21And what happened at that appointment?
00:05:23Well, he registered me as a patient and gave me a talking to.
00:05:27Can you remember anything he said to you?
00:05:29He said I was wise to have the child adopted and that otherwise I'd have to stop my studies.
00:05:35Did Dr. Catty ever say to you on this or on other occasions anything about the difficulties
00:05:40for you if you kept this child?
00:05:42Yes.
00:05:43One time he said you'd probably rather wait until you leave college and start a family
00:05:48properly.
00:05:49Anything else?
00:05:50Yes.
00:05:51He said there aren't many men willing to marry a girl with an illegitimate child.
00:05:56Hmm.
00:05:57So, he emphasized the black side of your situation?
00:06:01Yes.
00:06:02Mr. Catty, I don't understand the relevance of all this.
00:06:04What is the significance in relation to the charge, which is grievous bodily harm, of the
00:06:10suggestion that the accused wanted Miss Thompson to agree to the adoption?
00:06:14Well, my lord, I'd hoped I'd made that clear in my opening.
00:06:17No!
00:06:18I'm sorry.
00:06:19My lord, members of the jury, the point is that a mother who has given her consent to
00:06:24an adoption is less likely to change her mind after the birth if the birth is by a cesarean
00:06:31operation than if it is a normal birth.
00:06:34Thus, if the accused were anxious to arrange for an adoption, they had a motive for promoting
00:06:45a cesarean operation.
00:06:46Oh, yes, I see.
00:06:48Now, did you see Dr. Catty on the 29th of July last year?
00:06:51Yes.
00:06:52And did he tell you to come into the clinic on the next day?
00:06:55Yes.
00:06:56Were you going to have your labor started artificially?
00:06:59Yes.
00:07:00Well, my lord, members of the jury, this is a process that is called induction.
00:07:03It's a method whereby a woman's labor is started artificially by the administration
00:07:09of a drug.
00:07:10In this case, a drug named oxytocin.
00:07:12It's common and perfectly proper practice.
00:07:15Miss Thompson, were you admitted to the clinic on the evening of the 30th of July last?
00:07:19Yes, I was.
00:07:20And on the following morning, that is the morning of the 31st of July, did you meet a
00:07:25Miss Bowden, the midwife who was to supervise your labor?
00:07:29Yes.
00:07:30My lord, she will be giving evidence.
00:07:32Yes.
00:07:33Well, Miss Thompson, did Miss Bowden start your labor?
00:07:37Yes, she did.
00:07:38Now, did this involve inserting a needle in your arm and connecting the needle to a bottle
00:07:43that was by your bed?
00:07:44Yes.
00:07:45Now, how long was it before you felt any labor pains once this was done?
00:07:49Not for a long time.
00:07:50Did nothing happen?
00:07:51Nothing.
00:07:52Do you know whether Miss Bowden pointed this out to Dr. Catty?
00:07:55Yes, she said that perhaps the drug in the bottle was too weak and that she should change
00:08:00it for a stronger one.
00:08:01And what was his reply to that?
00:08:03He told her not to.
00:08:04And did she sometime later change that bottle?
00:08:07Yes.
00:08:08Do you remember her making that change?
00:08:10Yes.
00:08:11And what was the result of it?
00:08:12I immediately started to feel contractions.
00:08:15Were they painful?
00:08:16Yes.
00:08:17I mean, was the pain bearable?
00:08:19Yes.
00:08:20Was it the sort of thing you had been led to expect from the reading and so on that you
00:08:24had done in preparation for having this child?
00:08:26Yes.
00:08:27Now, let me be perfectly clear about this, Miss Thompson.
00:08:30You did not start to get these pains until Miss Bowden had changed the bottle that contained
00:08:37the drug that was inducing your labor.
00:08:40Yes.
00:08:41Now, sometime after this change had been made, did Dr. Catty come and see you again?
00:08:45Yes.
00:08:46Now, what was his reaction when he found out that the bottle of oxytocin had been changed?
00:08:50He was very angry.
00:08:52He called Miss Bowden out into the corridor.
00:08:54Did he do anything before he called her out?
00:08:57He turned off the apparatus by the bed.
00:09:00He turned off the drug that had started your labor?
00:09:04Yes.
00:09:05Then he called Miss Bowden out into the corridor and I could hear them arguing.
00:09:08Did you see Miss Bowden again after this?
00:09:11No.
00:09:12Had you told Miss Bowden during the time she was with you that you had given your consent
00:09:15to have the child adopted?
00:09:17Yes.
00:09:18All right.
00:09:19What happened next?
00:09:20Miss Horton came in.
00:09:21And what did she say to you?
00:09:23She said, poor dearie, your baby's not well.
00:09:26We're going to have to operate.
00:09:28Did she or Dr. Catty make an examination before this decision?
00:09:32No.
00:09:33And were you then taken to the operating theater while you were still awake?
00:09:36Yes.
00:09:37Who took you there?
00:09:38Miss Horton and one of the orderlies.
00:09:40Did Miss Horton come into the operating theater?
00:09:42Yes.
00:09:43And what did she do?
00:09:44She put on a mask and a...
00:09:46And a gown.
00:09:47A gown, yes.
00:09:48Now, was she wearing these things when you were put under the anesthetic?
00:09:52Yes, she was.
00:09:53And was she standing by the operating table?
00:09:55My lord, it's difficult to imagine a worse moment for a leading question.
00:09:58Yes, I am inclined to agree, Mr. Canty.
00:10:00I'm sorry, my lord.
00:10:02Miss Thompson, where was Miss Horton when you were about to be put under the anesthetic?
00:10:06By the operating table.
00:10:11Now, how long did all this take?
00:10:12I mean, from the time Miss Bowden was summoned from the delivery room to your arrival in the operating theater?
00:10:17About 40 minutes.
00:10:1940 minutes, I see.
00:10:21Now, when you recovered consciousness after the operation, were you alone?
00:10:26Yes.
00:10:27Was your baby anywhere to be seen?
00:10:29No.
00:10:30And did Miss Horton come in and did she ask you, or rather, did you ask her if you might see your baby?
00:10:36Yes, I did.
00:10:37And what was her reply?
00:10:38That it was all right and that it would be well looked after.
00:10:41Did you tell her again that you wanted to see it?
00:10:43Yes.
00:10:44Yes.
00:10:45Did you ask whether it was a boy or a girl?
00:10:47Yes.
00:10:48Did you ask her more than once to see your baby?
00:10:51Yes, I did.
00:10:52And were you allowed to see it?
00:10:53No.
00:10:54I see.
00:10:56Did Dr. Canty come and see you on the afternoon after the child was born?
00:11:01Yes.
00:11:02Was this mainly a medical check-up?
00:11:04Yes, it was.
00:11:05Now, during this medical check-up, did you say anything to him about the child?
00:11:08Yes, I said I wanted to see him.
00:11:11And what did he say?
00:11:12The woman, the new mother, was getting him at the end of the week and it would be better if I didn't see him.
00:11:20What did you do when he said that?
00:11:22I screamed and I said he was my child.
00:11:25Now, two days later, did Dr. Canty come and see you again?
00:11:30Yes.
00:11:31Now, Miss Thompson, what did you believe about your child by this time?
00:11:35Well, I thought he must be deformed.
00:11:37Why did you believe that?
00:11:39I thought they were protecting me from him.
00:11:42Did you tell Dr. Canty this?
00:11:43Yes.
00:11:44I see.
00:11:45And Dr. Canty then agreed to let you see your child?
00:11:49Yes.
00:11:50And did you?
00:11:51Miss Horton brought him to me.
00:11:53Was he all right?
00:11:54He was perfect.
00:11:56Now, what did Miss Horton do then?
00:11:58She tried to take him from me, but I wouldn't let her.
00:12:01I never let him out of my sight until I got out of there.
00:12:05Thank you, Miss Thompson.
00:12:07I have no further questions, my lord.
00:12:10So, Miss Thompson, the jury can take it as a matter of fact that when you saw Dr. Canty first, what you wanted was to get rid of your child.
00:12:19Yes.
00:12:20What you wanted was an abortion.
00:12:22What my learned friend has euphemistically called a termination, but what in plain English is called an abortion.
00:12:27That's what you wanted, is it not?
00:12:28Yes.
00:12:29Yes.
00:12:30And so it is entirely thanks to Dr. Canty that your child is alive today.
00:12:35Yes.
00:12:36Yes.
00:12:37Are you grateful to Dr. Canty for this?
00:12:39I'm not grateful to Dr. Canty.
00:12:42Really?
00:12:44Now, a great deal has been made by the prosecution in this case about the fact that Dr. Canty talked to you about the possibility of adoption.
00:12:52And the implication has been that this might in some way constitute a motive for performing an unnecessary cesarean operation.
00:13:00And no doubt my learned friend has plans to elucidate how these two things might ride together as motive and crime, and I look forward to that.
00:13:10But, yes, at the moment I'm only concerned with this talk of adoption.
00:13:16You are unmarried, Miss Thompson?
00:13:18Yes.
00:13:19And were at the time we're dealing with?
00:13:21Yes.
00:13:22Yes.
00:13:23Now, what was your financial position at the time we're speaking of?
00:13:26Not very good.
00:13:27Were you living on your own in a single room and studying during the day?
00:13:31Yes.
00:13:32Yes.
00:13:33Well, now, under these circumstances, did it surprise you that Dr. Canty talked to you about the possibility of adoption?
00:13:40No.
00:13:41No.
00:13:42Well, in that case, I'll spend no more time on that, but I'll come straight to the delivery of your child.
00:13:47May I have exhibit number one, please?
00:13:50Show it to the witness, please.
00:13:52This is the consent to surgery, my lord, dated the 29th of July, 1974.
00:13:58Will you look at the signature, please, Miss Thompson, and tell the court if you recognize it as your own?
00:14:04Yes.
00:14:05Did you read this document before you signed it?
00:14:07Yes.
00:14:08Yes.
00:14:09To Dr. Canty the right to carry out surgery.
00:14:12Yes.
00:14:13Yes.
00:14:14Which is what he did.
00:14:15With respect, my lord, the words are, all necessary surgery.
00:14:18The witness gave consent to necessary surgery.
00:14:21Yes.
00:14:22Thank you, Mr. Canty.
00:14:23It hadn't escaped my notice.
00:14:24Of course not, my lord.
00:14:26Nor, indeed, had it escaped my notice, my lord.
00:14:28Well, that's something.
00:14:29Yes, but I'm grateful to my learned friend for raising the matter.
00:14:32Now, when you signed this form, Miss Thompson, who did you think would be the judge of whether surgery would be necessary or not?
00:14:40I didn't think about it.
00:14:41No, but I mean, did you think that you would be the person to decide?
00:14:44No.
00:14:45No.
00:14:46I mean, did you think it would be, well, the midwife or one of the orderlies?
00:14:48No.
00:14:49No.
00:14:50Who would it be?
00:14:51I mean, who would it obviously have to be?
00:14:52Well, Dr. Canty, of course.
00:14:53Dr. Canty, precisely.
00:14:54Let's spend no more time on that.
00:14:55Now, Dr. Canty decided that surgery was the only way of saving your child, and he exercised the right to perform it, which you had given him by signing that document.
00:15:07Now, let's turn to these extraordinary allegations that you've made that your child was kept from you for the three days following its delivery.
00:15:16Yes.
00:15:17Yes.
00:15:18Now, you've told the court about the fears that you had that your child might have been born deformed.
00:15:23Yes.
00:15:24Yes.
00:15:25But this, however, you've told us proved to be no more than a morbid fantasy.
00:15:28Because they wouldn't let me see him.
00:15:30Yes, but you've told the court, have you not, that you suffered this fear and that it proved to be groundless.
00:15:35Because they kept him from me.
00:15:36Yes, just answer the question, please, Miss Thompson.
00:15:39Did you suffer this fear?
00:15:41Yes.
00:15:42Yes.
00:15:43And did it prove to be groundless?
00:15:44Yes.
00:15:45Good.
00:15:47Did you also think that you were kept locked in your room?
00:15:50Yes, I was.
00:15:51Yes, what made you think this?
00:15:52I heard the key turn every time someone came into the room.
00:15:55Mm-hmm.
00:15:56And when they left?
00:15:57Yes, when they left, I heard it turn again.
00:15:58Yes.
00:15:59Did you ever try the door yourself to check whether your suspicion was correct?
00:16:02No.
00:16:03No, why not?
00:16:04Because I couldn't move.
00:16:05Because of the operation, I was unable to move.
00:16:08Yes, precisely.
00:16:09This severe abdominal wound prevented you from leaving your bed, didn't it?
00:16:14Yes.
00:16:15A fact that would have been well known to Dr. Cattie.
00:16:17So even if he had thought that you should be confined to your room, there would obviously
00:16:22have been no point in his locking the door since he knew that you couldn't move anyway.
00:16:26This whole thing was simply a product of your distressed and confused state of mind at the time.
00:16:32And during this time, I suggest to you, Miss Thompson, that you never asked to see your child, did you?
00:16:39No.
00:16:40Yes, I did.
00:16:41And it may well be that it distresses you now to remember it and to talk about it.
00:16:46But it is the case, is it not, Miss Thompson, that during those early days you rejected your child?
00:16:52No, that's not true!
00:16:54I put it to you, Miss Thompson, that the reluctance that you allege on the part of Dr. Cattie to show you your child,
00:17:01when in fact you were refusing to see it, is nothing more than a figment of your confused and distressed state of mind at the time.
00:17:09And the simple fact is, Miss Thompson, that you said you did not want to see it.
00:17:16They wouldn't let me have him!
00:17:19They locked me in and they wouldn't let me see my child!
00:17:27Mr. Kent?
00:17:29Well, my lord, I have another witness whom I could call, my lord, if you thought fit.
00:17:34Mr. Honeycomb.
00:17:36Yes, we'll see that Miss Thompson is looked after.
00:17:39We will hear the remainder of her evidence later.
00:17:46Please call your next witness.
00:17:48I call Mrs. Elizabeth Ludmilla Lytton.
00:17:51Oh, Mrs. Lytton, are you a consultant obstetrician attached to Pulchester Hospital?
00:17:58Yes.
00:17:59And are you the author of several articles for learned medical journals and also a paper on psychiatry and obstetrics,
00:18:04a paper that was read at a Rome conference recently?
00:18:07Yes.
00:18:08Now, I'd like to ask you some questions concerning the caesarean operation. Is that familiar ground for you?
00:18:13Yes.
00:18:14Now, who, in your opinion, is the person best placed to tell whether a delivery by caesarean is going to be necessary?
00:18:22Are we talking here of an emergency caesarean section?
00:18:25Yes.
00:18:26Well, the best placed person in purely practical terms would normally be the midwife. But the decision would rest with the doctor.
00:18:33Well, now, in your experience, which you know is considerable, have you ever encountered a total disagreement between a doctor and an experienced midwife as to the necessity for a caesarean operation?
00:18:46No.
00:18:47Is it, then, a rare occurrence?
00:18:49Very rare, I would say.
00:18:51Now, to what do you attribute that?
00:18:54You don't want me to be very technical, do you?
00:18:56Oh, no.
00:18:57Not if you can avoid it, please, Mrs. Whitton.
00:19:00Well, either a caesarean section is a dire emergency, that is to say something is obviously very wrong,
00:19:07or there is a fairly obvious malfunctioning on the part of the mother, or a malpresentation of the foetus.
00:19:14And these things are pretty easy to diagnose if you're experienced.
00:19:18You may well have to do a caesarean section, but not as urgently as in a dire emergency.
00:19:24I see.
00:19:25Well, subject to any objection from my friend, I shall say that we are dealing with an alleged dire emergency.
00:19:32Now, what are the normal circumstances that constitute such an emergency?
00:19:38Extreme foetal distress is the most usual.
00:19:41When you simply have to bring the mother into the theatre as quickly as possible and get the baby out.
00:19:47Would the midwife be able to recognize this?
00:19:49Well, the midwife must be able to recognize this.
00:19:53Have you ever encountered, in your experience, a midwife who was unable to recognize these signs of foetal distress?
00:19:59No.
00:20:00Very well.
00:20:01I want now to turn to another aspect of this subject.
00:20:06When a mother is delivered by this operation, does it mean that she does not endure the pain of labour?
00:20:11She does not endure the vital pain of the final stage of labour.
00:20:17You say this pain is vital, Mrs. Lytton. Why do you say that?
00:20:21It's what Hadfield, in his work Psychology and Morals, called the construct of labour.
00:20:27By which he meant that the pain itself is part of the cementing process that takes place between mother and child.
00:20:34And is this cementing process between mother and child likely to be weakened by performing a cesarean operation?
00:20:40Of course. Well, not merely weakened. It is removed.
00:20:44I would like her to ask you about the effect of separating a mother from her newborn infant.
00:20:50First of all, would you tell the court what is the ideal procedure immediately after the birth of the child?
00:20:56That the mother should take the newly born infant and place it immediately to her breast.
00:21:01Now, why is that considered to be the ideal?
00:21:03It is thought that every hour beyond six hours that a mother is kept from her newborn child
00:21:11puts the natural bond of affection between mother and child in deeper jeopardy.
00:21:16Could a mother kept apart from her child for a number of days fail to form an affection for it?
00:21:21Oh, yes. Particularly if her feelings about having the child were ambivalent.
00:21:26Would this invariably happen?
00:21:27Oh, no. That is the risk.
00:21:30What would be the result after such an enforced separation
00:21:34when a mother who did want to see her child eventually saw it?
00:21:39She's most likely to form a fierce, almost aggressive affection for it.
00:21:44She's making up for having been deprived of the most important moments
00:21:49in what Winnicott called the beginning of the lifetime love affair.
00:21:54Is it not the case, Miss Thompson, that you rejected your child throughout your pregnancy?
00:22:21I didn't think I'd be able to manage with him. I didn't reject him.
00:22:24Can you think of a more conclusive, a more savage rejection than seeking an abortion?
00:22:31I didn't think I could manage...
00:22:33Now, whatever your reason, Miss Thompson, can you think of a more conclusive rejection of a child than seeking to abort it?
00:22:42No.
00:22:43Which is what you had done, as we've heard.
00:22:46Now, when you were eventually reconciled to your child after those first few days in the clinic, how much longer did you stay there?
00:22:53A week.
00:22:54Seven more days?
00:22:55Yes.
00:22:56Yes. And did anyone try to take the child from you?
00:22:58I wouldn't let them.
00:22:59Well, can we agree then, Miss Thompson, that no one sought to remove your child from you during your remaining seven days in the clinic?
00:23:07Yes.
00:23:08And that your fear that they might do so was yet another manifestation of the distressed state of your mind at the time?
00:23:15Yes.
00:23:16Now, I put it to you that your state of mind and your belief that your child was being withheld from you, when in fact you were refusing to see it,
00:23:24is no more than a product of the enormous guilt that you feel at having rejected your child in the way that you did.
00:23:31But I didn't reject him.
00:23:32And you have tried to allay your guilt by blaming two wholly innocent people to whom, in fact, you owe a debt of gratitude.
00:23:42No.
00:23:45Thank you, my lord. I have no further questions.
00:23:48Now, Miss Tate, have you any questions for the witness?
00:23:51My lord.
00:23:52Miss Thompson, I am here to represent Miss Horton. I have only a couple of questions to ask you.
00:23:57Now, you have told my learned friend for the prosecution that Miss Horton offered you the sum of £100 if you would allow your child to go for adoption, have you not?
00:24:06Yes.
00:24:07And you said that you agreed to this illegal arrangement.
00:24:10I didn't know it was illegal.
00:24:11Now, just tell my lord and the jury whether or not you agreed to the arrangement.
00:24:15Yes.
00:24:16And this offer was made to help you through your pregnancy at a time when you would be particularly hard up?
00:24:22Yes.
00:24:23Did you receive any of the money?
00:24:25No.
00:24:26Did you ask for it?
00:24:27No.
00:24:28Well, would it not have been useful to you?
00:24:30I suppose it would.
00:24:32Well, I put it to you that you did not ask for it, because the offer was never made.
00:24:36It was made.
00:24:37Then why not ask for it?
00:24:39Well, I suppose I thought it was for after I'd had the child.
00:24:42Miss Thompson, I'm not asking you why you did not receive it.
00:24:44I'm asking you why you did not ask for it when you were so short of money.
00:24:48I didn't think of the money.
00:24:50No, of course not, because the offer was never made.
00:24:52It was.
00:24:55Well, let us come now to the scene in the operating theatre that you've described so vividly to us.
00:25:00Now, you say that you were taken to the operating theatre by Miss Horton and an orderly.
00:25:05Yes.
00:25:06Did Miss Horton leave you between taking you to the operating theatre and your being put under anaesthetic?
00:25:12Yes.
00:25:13Now, this is something that we have not yet heard about.
00:25:16And the jury may have formed the impression that Miss Horton was by your side until you were anaesthetised,
00:25:21but this is not the case, is it?
00:25:23No.
00:25:24Is it not the case that once you'd arrived at the operating theatre, Miss Horton left your side?
00:25:30Yes, but she came back almost immediately.
00:25:33Was she wearing a mask and a gown?
00:25:35Yes.
00:25:36And did she wear a cotton cap or some such headdress?
00:25:39Yes.
00:25:40And so you presumed that this was Miss Horton because she had just left your side?
00:25:44No, it was her.
00:25:46Were you frightened before the operation?
00:25:48Yes.
00:25:50And was a bright light shining down on you, making it difficult for you to see properly?
00:25:55I could still see.
00:25:56Well, I put it to you, Miss Thompson, that upset by the fear of the impending operation, and this bright light shining down on you, and this person being obscured by special clothing, you were mistaken.
00:26:11I could recognise Miss Horton, that's all I can say.
00:26:16I've no further questions, my lord.
00:26:18Do you wish to re-examine, Mr. Canty?
00:26:21No, thank you, my lord.
00:26:22Thank you. You may leave the witness box, Miss Thompson.
00:26:25I call Miss Veronica Bowden.
00:26:29Miss Bowden, were you until last July employed as a midwife by Dr. Canty at the Gulliver Clinic?
00:26:36Yes.
00:26:37And in July of last year, when you left the Gulliver Clinic, how long had you been employed there?
00:26:42For six months.
00:26:43Before that, where had you been employed?
00:26:45In the maternity department of Queen Margaret's Hospital in London.
00:26:49For how long had you been employed there?
00:26:51Thirty-seven years.
00:26:52Now, Queen Margaret's is one of the leading maternity hospitals, is it not?
00:26:56It is, yes.
00:26:58And in what capacity were you employed there?
00:27:00I was ward, sister.
00:27:02Now, Miss Bowden, did Dr. Canty tell you on the 29th of July last year that he wanted you to supervise the confinement of Miss Thompson,
00:27:11who was to be admitted to the clinic the following evening?
00:27:14He did, yes.
00:27:16Did he tell you that she was to be induced?
00:27:19Yes.
00:27:20Which simply means that her labor was to be started by the administration of a drug called oxytocin.
00:27:25Yes.
00:27:26Miss Bowden, I would like to ask you, is it normal nowadays to bring on a woman's labor artificially in this way?
00:27:31Well, yes.
00:27:32You sound doubtful. Is it common practice?
00:27:35Well, where it's necessary, it's certainly a good thing.
00:27:39And it is common practice.
00:27:41But where it's done for the convenience of the doctor and staff, I don't think it's a good thing.
00:27:46Well, was it done for the convenience of the staff at the Gulliver Clinic?
00:27:49Oh, undoubtedly.
00:27:51Almost every woman had had her labor induced at the Gulliver Clinic.
00:27:56I see, yes.
00:27:58Now, when did you start to induce Miss Thompson's labor?
00:28:01On the morning of the 31st of July last year.
00:28:05And you did it by the administration of this drug, oxytocin, didn't you?
00:28:08Yes.
00:28:09Now, can you tell my lord and the jury what effect this drug has?
00:28:13Well, it starts the woman's contractions. In lay terms, her labor pains.
00:28:21Then how is it administered to the patient?
00:28:23Well, in Miss Thompson's case, in the usual way, into the forearm, through a tube into a vein.
00:28:28And it has dripped into this vein in a highly diluted form, am I right?
00:28:32Yes.
00:28:33Now, the speed at which this drug is administered, that is, of drips per minute, and the strength of the solution of this drug, does this affect the intensity and regularity of the patient's pains?
00:28:46Oh, yes.
00:28:48And did you find that in the case of Miss Deary Thompson, you were administering a very large dose of this drug, but that her labor did not start as you would have expected?
00:28:57Yes.
00:28:58Now, could you tell my lord and the jury about this without being too technical, please?
00:29:04Yes.
00:29:06I started to administer the oxytocin at the rate of 16 drips per minute.
00:29:11This didn't start the contractions.
00:29:13So, I increased the drip rate to 24.
00:29:17This still had no result.
00:29:19So, after half an hour, I switched over the drip rate to 32 drips per minute.
00:29:24At the end of two hours, I was administering the drug at the rate of 48 drips per minute, and she was only getting weak and infrequent contractions.
00:29:33Is 48 drips per minute a high dosage?
00:29:35Extremely high.
00:29:37And have you had experience with this kind of thing before?
00:29:40Yes, but only infrequently until I came to the Gulliver Clinic.
00:29:44Would you tell the court what you mean by that, please, Miss Bowden?
00:29:47Well, I would expect to come across it two or three times a year in my ward at Queen Margaret's Hospital.
00:29:53At the Gulliver Clinic, I had far fewer patients and had encountered three cases in three months.
00:29:59Now, after two hours, did Dr. Catty come on his rounds to the delivery room where you were?
00:30:05Yes.
00:30:06And did you tell him what was happening?
00:30:08Yes.
00:30:09I told him that the patient's contractions were not satisfactory, and he checked this for himself on the graph, and he agreed with me.
00:30:16Did you then say something to him?
00:30:18Yes.
00:30:19I suggested that I should change the bottle at the pharmacy for a stronger solution.
00:30:23And what was his reaction to that?
00:30:25He told me on no account to do that.
00:30:28Was he emphatic about that?
00:30:30Yes.
00:30:31He told me that he would keep an eye on things.
00:30:33Now, as a result of Dr. Catty's reaction to your suggestion that you should give Miss Thompson a stronger dosage of this drug, did you do something?
00:30:44Yes.
00:30:45I went to the pharmacy and got another bottle of oxytocin.
00:30:50Was this a stronger solution?
00:30:51No.
00:30:52Not a stronger solution?
00:30:54No.
00:30:55The same strength.
00:30:56But why, if the solution you had was not working, did you exchange it for a bottle of the same strength?
00:31:01Because I suspected that the bottle I'd been given originally contained either plain sterile water or was so diluted as to have virtually no effect.
00:31:10Did you tell the pharmacy that you had been told by Dr. Catty to get this bottle?
00:31:14Yes.
00:31:15But this was untrue.
00:31:17Yes.
00:31:18Now, what happened when you administered this new bottle of the same strength to the patient?
00:31:25After half an hour, her contractions were normal and labor was progressing satisfactorily.
00:31:31And this was a bottle of the drug marked in exactly in the same way as had previously failed to give any results at all?
00:31:38Yes.
00:31:39Now, what happened when Dr. Catty found out that you had changed this bottle and that, as a result, the labor was progressing normally?
00:31:46He was very angry.
00:31:48Well, did he not seem pleased that the labor was at last going properly?
00:31:53No.
00:31:54And what did he do?
00:31:56He switched off the apparatus and told me to go to his office.
00:32:01Was there anything that suggested to you, Miss Bowden, that within 40 minutes of your leaving this patient, that is, Miss Thompson, that it would be necessary for her to have a cesarean operation to deliver her baby?
00:32:14Nothing.
00:32:15There can have been no need.
00:32:18Thank you, Miss Bowden.
00:32:19I have no further questions, my lord.
00:32:23Now, Miss Bowden, this drug, oxytocin, comes in different strengths, does it not?
00:32:29Yes.
00:32:30Is it possible to administer such a powerful dose of this drug that the contractions become dangerous to the child?
00:32:36Oh, yes.
00:32:37Yes.
00:32:38And in the event of overdoing it with the drug, could you cause what is called a tonic contraction?
00:32:43Yes.
00:32:44That is a contraction where the uterus goes into a seizure and grips the fetus and the contraction does not release, hmm?
00:32:51That is a fair description of a tonic contraction, yes.
00:32:55Now, such a contraction could put the life of an unborn child at risk.
00:33:00It could, yes.
00:33:01What action would be necessary to save a child in these circumstances?
00:33:05A cesarean section.
00:33:08Yes.
00:33:09Now, I suggest to you that when you exchange that bottle of oxytocin for another bottle, you exchanged it for a bottle of twice the original strength.
00:33:18No, I didn't.
00:33:19Well, since you've said that the contractions were not progressing favorably with the weaker solution, what could be more natural than changing it for a bottle of a stronger solution?
00:33:27No.
00:33:28But I thought the first bottle was diluted or simply sterile water.
00:33:31No.
00:33:32I suggest to you that when you administered that second solution to the patient, it caused her to suffer something that was or approached the strength and dangerousness of a tonic contraction.
00:33:43That is not so.
00:33:44So?
00:33:45That that was the situation when Dr. Catty came back into the delivery room?
00:33:48That that was the situation that made a cesarean section so urgent?
00:33:52No.
00:33:54Miss Bowden, would you agree with me that discipline is one of the most vital elements in the running of any medical establishment?
00:34:03Yes, under normal circumstances.
00:34:05And would a breach of discipline, such as you had committed, be sufficient grounds for your dismissal?
00:34:12It could be.
00:34:13Now, although you may allege some other motive, would there be any need for further grounds?
00:34:19There wouldn't need to be.
00:34:20Quite.
00:34:21Now, you've told my learned friend for the prosecution that you got in touch with Miss Thompson through her college shortly after she left the clinic with her child.
00:34:29That's right.
00:34:30Yes.
00:34:31Now, would you agree that soon after the birth of a child, particularly under circumstances like this, the mother can be in a depressed and vulnerable state of mind?
00:34:41Yes, I would agree that that is possible.
00:34:43Yes.
00:34:44And is it not the case that you took advantage of this state of mind in Miss Thompson in order to get your revenge on Dr. Catty?
00:34:50Now, with respect, my lord, my friend has laid no foundation for that.
00:34:54Well, if my learned friend objects, I will lay foundations.
00:34:57When you contacted Miss Thompson, Miss Bowden, what was your motive?
00:35:04To find out if her child had been delivered by caesarean section, as I suspected.
00:35:08And when she told you that it had, did you not then immediately tell her that the operation had been unnecessary?
00:35:14No.
00:35:16I asked her what Dr. Catty's reaction had been when she told him she was keeping the child.
00:35:21Yes.
00:35:22And then, did you tell her that, in your opinion, the operation had been unnecessary?
00:35:27Yes.
00:35:28But since you were not present when the operation was performed, there was no possible way in which you could know whether the operation was necessary or not.
00:35:37I could tell perfectly well that they wanted to sell that child for adoption.
00:35:41Now, I put it to you, Miss Bowden, that this is a malicious story which you have fabricated out of some half-truths and groundless suspicions in order to get your revenge on Dr. Catty.
00:35:53It's no such thing.
00:35:55And you have made use of the vulnerable state of mind of Miss Thompson in order to pursue your own personal vendetta in this matter?
00:36:06That is not true.
00:36:09I have no further questions, my lord.
00:36:12Miss Bowden, I am appearing on behalf of Miss Horton, and I would like to check one matter of fact with you, if I may.
00:36:18Now, when this operation was being performed on Miss Thompson, you had left the clinic, had you not?
00:36:25I believe I had, yes.
00:36:26And so you did not witness any of the preparation for, or the performance of, this operation?
00:36:31No.
00:36:32And so you do not know, apart from what you've been told, whether or not Miss Horton took any part in the operation?
00:36:39I don't know, no.
00:36:43That is all, my lord.
00:36:44I have no re-examination, my lord.
00:36:48Thank you, Miss Bowden.
00:36:50May I remind you, lordship, that you are...
00:36:51Oh, yes, and you are released.
00:36:53Unless, uh, counsel wish you to stay?
00:36:55No.
00:36:56Please.
00:36:57Well, that concludes the prosecution case, my lord.
00:37:00Well, now, I think we've time to begin to hear your first witness, Mr. Honeycomb, if you are prepared.
00:37:06Oh, my lord, I am in some difficulty here.
00:37:09My client, Dr. Cattie, suffers from a duodenal ulcer, which, uh, at the moment is causing him a degree of physical distress.
00:37:15Now, although he has expressed a willingness to go into the witness box, I'm, uh, I'm loath to call him until he's feeling a little better.
00:37:21Have you any other witnesses?
00:37:23No, my lord.
00:37:24Oh, dear.
00:37:25Well, perhaps Miss Tate would be prepared to go first.
00:37:28Um, well, I have no objection, my lord.
00:37:30That is, if Mr. Canty doesn't object.
00:37:32What?
00:37:33No, no, no.
00:37:35Very well.
00:37:37Miss Tate.
00:37:38I call Miss Winifred Horton, my lord.
00:37:45Miss Horton, you're a fully trained midwife, are you not?
00:37:48Yes, that's right.
00:37:49And how many years of experience have you had?
00:37:51In midwifery, thirty years.
00:37:54Well, I'm asking you.
00:37:56Thirty years.
00:37:58And for how long have you been working at the Gulliver Clinic?
00:38:02For eleven years, ever since Dr. Cattie founded it.
00:38:05In what capacity were you employed there?
00:38:07I was the matron in the maternity wing.
00:38:09And were you, as has been said, Dr. Cattie's right-hand man?
00:38:13I'd like to think I was.
00:38:15No, I just did my job like almost everyone else on the permanent staff.
00:38:19I didn't have any special relationship with Dr. Cattie.
00:38:23Now, have you heard that Dr. Cattie occasionally acted as third party in adoption arrangements?
00:38:29I think I've heard he did.
00:38:30And do you know whether this was a service he performed with no other than altruistic motives,
00:38:35or whether he received any financial gain?
00:38:37I'm sure he received no reward.
00:38:40Did you ever have anything to do with these third party adoptions?
00:38:43Oh, no. There would have been nothing for me to do.
00:38:46I see.
00:38:47Now, when did you meet Miss Thompson?
00:38:50On the 9th of January last year.
00:38:52And how did this meeting take place?
00:38:55She rang up and came to see us at the clinic.
00:38:57Would you tell the court what happened?
00:39:00Yes.
00:39:01It was quite a short meeting, poor girlie.
00:39:04She was very distraught.
00:39:06She was in the family way.
00:39:09Very unhappy about it and wanted a little abortion.
00:39:12And did you make an appointment for her to see Dr. Cattie?
00:39:15Yes.
00:39:16Didn't know what her dates were.
00:39:17Very confused, poor girlie.
00:39:19And that is all that happened at the first meeting?
00:39:21Yes.
00:39:22Now, when did you next see her?
00:39:24Two days later, when she came for her appointment.
00:39:27And did you then learn that she was not going to have an abortion?
00:39:30Yes.
00:39:31And did you register her as Dr. Cattie's patient?
00:39:34Yes.
00:39:35He was going to look after her during the waiting time.
00:39:37You mean he was going to supervise her pregnancy?
00:39:39Yes.
00:39:40Yes.
00:39:41Did you ever talk to her about her having her baby adopted after it was born?
00:39:46No.
00:39:47No.
00:39:48Did you make an offer of money to her, either on your own or on anybody else's behalf?
00:39:52Oh, no.
00:39:53The poor girl dreamt it.
00:39:54Was she simply another of Dr. Cattie's patients to you?
00:39:58One of his poor old unmarried mums, yes.
00:40:01Did you have a chance to speak to her at all during her pregnancy?
00:40:04Not really.
00:40:05Only to be polite.
00:40:06Until she came in to have her baby.
00:40:08From what you saw of her on the day she was admitted, would you say she was a good patient?
00:40:12Oh, yes.
00:40:13Looking forward to having it out of the way.
00:40:15Did she tell you that she was looking forward to having it out of the way?
00:40:19Oh, well, poor dearie.
00:40:20It can be a trying time, those last few days.
00:40:23No, no, no.
00:40:24Please tell me, Miss Horton.
00:40:25Were those her actual words?
00:40:27That she was looking forward to having it out of the way?
00:40:29Not her actual words.
00:40:31It was her whole manner.
00:40:33Uh-huh.
00:40:35Well, let us come to the day after Miss Thompson was admitted.
00:40:39That is the day she had her child.
00:40:41Now, was it you who told Miss Bowden that she would be looking after Miss Thompson?
00:40:45Yes.
00:40:46And was it you who got the bottle of oxytocin that was to be used for this induction?
00:40:50No, that was one of the nurses.
00:40:53Now, you were not in any way concerned with the early stages of Miss Thompson's labour?
00:40:57No.
00:40:58But during the early part of the afternoon that day, did you receive an urgent summons to Dr. Cattie?
00:41:04I did, yes.
00:41:05And did you go to the delivery room where Miss Thompson was in labour?
00:41:08Yes.
00:41:09And what happened on your arrival?
00:41:11It was deplorable.
00:41:13I could hear Miss Bowden's voice raised in anger as I approached.
00:41:17As I arrived, poor Dr. Cattie was trying to calm her and get her out of the room.
00:41:21What was the condition of the patient?
00:41:23Very, very distressed.
00:41:25Although I didn't realize the full seriousness until Dr. Cattie had got Miss Bowden out of the room.
00:41:30What had happened to the patient?
00:41:32She'd been given far too strong a dose of oxytocin and her uterus was in danger of going into seizure.
00:41:39Thankfully, the drip beside her bed had been switched off.
00:41:43What was the condition of the unborn child?
00:41:45Very serious.
00:41:47Very serious.
00:41:48How could you tell that?
00:41:49I checked the fetal heart.
00:41:51It was faint and irregular, very worrying.
00:41:54And did this mean that a caesarean would be necessary?
00:41:57An emergency caesarean.
00:41:58It was the only answer.
00:42:00We had to save the child.
00:42:03So, Miss Horton, when you arrived in the delivery room where Miss Thompson was confined,
00:42:11you were of the opinion that the patient and child were in a dangerous condition?
00:42:15Oh, yes.
00:42:16And did you perceive this as soon as you arrived?
00:42:19No, not until after Dr. Cattie had got Miss Bowden out of the room.
00:42:22But are you of the opinion that whilst the argument that we've heard about between Dr. Cattie and Miss Bowden was going on,
00:42:30the patient and her child were in a highly dangerous condition?
00:42:33She must have been.
00:42:35Dr. Cattie was trying to do something, but, well, with Miss Bowden there in the way and so on, it was impossible.
00:42:43Are you saying that Miss Bowden must have known that the mother and child were in danger
00:42:47and was deliberately preventing help from getting to them?
00:42:50I don't know if she knew.
00:42:52But there is a machine, is there not, which shows very graphically the strength of the mother's contractions.
00:42:57Now, Miss Bowden, as we all know, is a very experienced midwife.
00:43:02Do you think it's possible that she wouldn't know there was a danger if danger there was?
00:43:06I would have thought she would.
00:43:08And are you saying that Miss Bowden was deliberately seeking to endanger the life of the mother and child?
00:43:15No, no, I don't know what she was up to.
00:43:17Well, if she knew that the danger existed and if she was preventing Dr. Cattie from attending to the patient,
00:43:23then she was seeking to endanger, indeed to end, the life of this unborn child.
00:43:28She was unbalanced at the time.
00:43:31I suggest to you that she was doing no such thing and that the mother and child were in no danger at all.
00:43:37That the labor had been progressing perfectly satisfactorily until your interference.
00:43:41Oh, no.
00:43:42I put it to you, Miss Horton, that this drug had had no ill effects and that no operation was necessary.
00:43:48It was. It was urgent.
00:43:52Now, it is a fact, isn't it, that you helped in the operating theater on occasions?
00:43:57Yes.
00:43:58And you tell us now that this operation was urgent.
00:44:00Yes.
00:44:01Why did you not help, then, at this urgent operation?
00:44:03I was attending to another patient and I was needed in the ward.
00:44:07Would it not have been easier to get someone else to attend at this less urgent function?
00:44:11No.
00:44:12You see, I must put it to you, Miss Horton, that you were indeed in the operating theater on this occasion, as Miss Thompson has said you were.
00:44:21And that you did help Dr. Catty in this entirely unnecessary operation.
00:44:27No, no, no. You are absolutely wrong.
00:44:31I have no further questions, my lord.
00:44:35I have no re-examination, my lord.
00:44:38You may return to the dock, Miss Horton.
00:44:42That concludes my evidence, my lord.
00:44:44Well, now, Mr. Honeycomb, with regard to your client's health, I think we will adjourn until tomorrow.
00:44:53All stands.
00:44:55The truth, the whole truth, and nothing but the truth.
00:45:08Are you Dr. Hector Ellis Catty, FRCOG, FRCS, of number 11, Rodney Mewes-Polchester?
00:45:14I am.
00:45:15And are you a qualified surgeon and gynecologist?
00:45:17I am.
00:45:18And are you the author of the book, Obstetrics, The Way Ahead?
00:45:21I am.
00:45:22And you founded the Gulliver Clinic in 1963, did you not?
00:45:25I did.
00:45:26Yes.
00:45:27Now, my learned friend has referred frequently, and with a rather sinister air, if he will forgive me for saying so,
00:45:33to the fact that you have in the past acted as a third party in adoption proceedings.
00:45:39Now, with your help, I would like to make the position perfectly clear on this matter of third party adoptions.
00:45:45It might be a good idea, Mr. Honeycomb, if you were to explain briefly to the jury exactly what is a third party adoption.
00:45:50Yes, my Lord.
00:45:52It is simply, members of the jury, an adoption in which any private individual, one of yourselves, for instance, or as in this case, Dr. Catty, takes it upon him or herself to supervise the adoption of an infant by an adoptive couple, and to make sure that all the requirements of the law are observed.
00:46:10Now, these requirements are mainly that the natural mother is willing and has given her consent in writing, and that no money changes hands which is in any way dependent upon the adoption.
00:46:22And if my memory serves me correctly, Mr. Honeycomb, the third party is responsible to the magistrate's court in this function.
00:46:28That is the case, my Lord. And to the local authority where the adoptive parents reside.
00:46:33Do let's get on.
00:46:35Yes, my Lord.
00:46:36Now, you were, if I'm right, Dr. Catty, treating a substantial number of women who were unable to bear children.
00:46:42Yes.
00:46:43And because of their age, were a lot of these women unable to adopt through the normal adoption societies?
00:46:48Yes, a lot were.
00:46:50And as we know, it was also your job, was it not, to supervise a number of unplanned pregnancies, which inevitably resulted in a certain number of unwanted children.
00:46:59Well, if I were unable to reconcile the mother to her child after it was born, there was an unwanted child, yes.
00:47:05And what would you do in such a situation?
00:47:07On some of those occasions, I would arrange for that child to be adopted by one of my childless patients.
00:47:12Yes, yes. What could be more natural than that?
00:47:15Now, did you ever receive payment for this service?
00:47:20No, never.
00:47:21No.
00:47:22Now, let's just talk about your patient, Miss Deirdre Thompson.
00:47:25She came to see you first on the 11th of January of last year, seeking an abortion.
00:47:29Yes.
00:47:30Now, did you advise her for or against an abortion?
00:47:33Against.
00:47:34Why is that?
00:47:35She was unsure of her dates.
00:47:36I didn't want a live fetus.
00:47:38Also, I didn't think she qualified under the terms of the Act on psychiatric grounds.
00:47:44Yes.
00:47:45And was there another overriding reason?
00:47:47Yes, there was.
00:47:48After I'd spoken to her for some time, she agreed that it would be better for her to have her child and to see how she felt then.
00:47:55And did you also advise her that she could always have the child adopted if she couldn't cope with it herself?
00:47:59Yes, of course.
00:48:00Now, why did you mention adoption?
00:48:03Well, to make it clear to her that if she had her child and couldn't then cope with it, there was an alternative for her to take.
00:48:09Mm-hmm.
00:48:10And did you offer to supervise her pregnancy?
00:48:12No, I didn't offer.
00:48:13I asked if she wished to register as a patient.
00:48:16She said she did.
00:48:18Now, did you ever suggest or lead her to believe that this treatment was free or in any way dependent upon her having the child adopted at the end of it?
00:48:28No.
00:48:29No.
00:48:30Now, did she, throughout your supervision of her pregnancy, ever mention to you that she had changed her mind and wanted to keep the child after all?
00:48:38No.
00:48:39No.
00:48:40Now, on the morning of July the 31st last year, Deirdre Thompson's labor was started by the administration of the drug oxytocin, was it not?
00:48:47Yes.
00:48:48Mm-hmm.
00:48:49When you first saw Thompson on that day, was her labor progressing satisfactorily?
00:48:54Well, I saw her early.
00:48:55She'd only been in labor for a very short time.
00:48:58It was progressing quite well.
00:49:00Yes.
00:49:01Was it a little on the slow side?
00:49:02You might say so.
00:49:03Would you say so, Dr. Catty?
00:49:06Well, my lord, it wasn't anything I'd have intervened in.
00:49:10Are you saying that although slow, it was not slow enough to cause concern?
00:49:13Yes, my lord.
00:49:16Yes.
00:49:17Did Miss Bowden, the midwife in charge of Miss Thompson, express concern at the rate at which labor was progressing?
00:49:23Slight concern, yes.
00:49:24Yes, and did she then suggest something to you?
00:49:26Yes, she did.
00:49:27She suggested that she should use a stronger solution of oxytocin.
00:49:31Yes, and did you tell her that she was not to do that?
00:49:33Yes.
00:49:34Yes.
00:49:35Why did you tell her that?
00:49:36Because I have experience of a delayed reaction to this drug, and I thought it was far too early to take any steps of that kind.
00:49:44Did you believe that Miss Bowden had accepted your instruction not to change that bottle for a stronger solution?
00:49:50Yes, I did.
00:49:51And when you next visited Thompson, what did you find?
00:49:54I found that Miss Bowden had changed the oxytocin solution.
00:49:57With what results that you could perceive at the time?
00:50:00Well, my patient was suffering severe contractions.
00:50:02And what action did you take?
00:50:03I immediately swissed off the apparatus that was administering the drug.
00:50:07And did there then follow an argument between Miss Bowden and yourself?
00:50:10Oh, no, no.
00:50:11No, I didn't argue with her.
00:50:12I told her that she must go.
00:50:15And what did she reply?
00:50:17She said that Miss Thompson was her patient, that she would administer the labor in the manner that she thought best.
00:50:23Mm-hmm.
00:50:24And so did you then take her to your office and dismiss her?
00:50:27Yes, I did.
00:50:28Yes.
00:50:29And what was the situation when you returned to the delivery room?
00:50:31Well, Miss Horton told me that there was acute fetal distress.
00:50:36And so I put things in train immediately for an emergency seizure.
00:50:40And was Miss Horton's diagnosis of extreme fetal distress correct?
00:50:44Yes, it was.
00:50:45And in my opinion, it was entirely due to the administration of too strong a solution of oxytocin.
00:50:50Now, Miss Bowden has told the court that there could not possibly be anything wrong with Miss Thompson so soon after she left
00:50:58because the patient was perfectly well when she left.
00:51:02Now, Dr. Cattie, is that true?
00:51:04No.
00:51:05The patient was not perfectly well when she left.
00:51:09That is a lie.
00:51:11The patient was not perfectly well when she left.
00:51:12The patient was not perfectly well when she left.
00:51:13The patient was not perfectly well.
00:51:14The patient was not perfectly well when she left.
00:51:15And she didn't help you at all in the performance of the operation?
00:51:16No.
00:51:17operating theater with you? No. After she had taken Miss Thompson to the operating theater,
00:51:23did she return there at any time during the operation? No, she did not. She returned to
00:51:28her duties in the labor ward. And she didn't help you at all in the performance of the operation?
00:51:32No. I have no further questions, my lord. I would like to start by asking you some questions about
00:51:42third-party adoptions, Dr. Catty. Now, with respect, my friend was rather discreet in this matter,
00:51:47but as he pointed out, you are almost uniquely placed to act as third-party in these adoptions
00:51:52in that you have almost everyday contact with women unable to bear children, some of whom would
00:51:59want to adopt. And you also had a steady, although perhaps not very numerous, supply of unwanted
00:52:07infants. Is that correct? As far as the facts go, that is perfectly correct, yes. As far as your
00:52:13insinuations go, they are quite without foundation. We are concerned only with the facts, Dr. Catty,
00:52:18I can assure you. Now, how many of these third-party adoptions would you say you had undertaken in the
00:52:25past five years? I couldn't say. Is it too large a number to guess at? Fifteen, maybe. Not more?
00:52:32I doubt it. Not forty or more? I doubt it. Dr. Catty, please, would you have a look at these
00:52:42documents? That is a list of adoptions in which the Crown's solicitors suggest you have acted as
00:52:47third-party during the last five years. Look at it, please, will you? Is that suggestion correct,
00:52:53or have some wrong names been included? I mean, are there any names there which shouldn't be there?
00:52:59Not the vacancy immediately. There are over forty, Dr. Catty, not fifteen. I mean, have you any idea
00:53:09why women scatter the length and breadth of this country should travel miles to see you?
00:53:15I have a reputation through my book. A medical handbook, surely. Hardly general reading, would you
00:53:22agree? Possibly. Here is a Miss Stephanie Grattle who traveled from Liskeard in Cornwall to consult you.
00:53:28Do you remember Miss Grattle? Yes. Do you know why she traveled from Cornwall to consult you?
00:53:33Well, she probably wanted the best treatment she could get. Do you know what the going price of a
00:53:38baby is, Dr. Catty? I don't know what you mean. Well, I will tell you. In a recently published book,
00:53:44the price of an infant is put at something around four thousand pounds. Did you know that?
00:53:51I know nothing of it. Have you ever been offered money for an infant by any of your far-flung clients?
00:53:57No, never. You want this court to believe that you have been dealing with this valuable commodity
00:54:01for all these years and that you were never aware that it had a value? That is the case.
00:54:07Well, well. Let us turn now to the matter of Miss Deidre Thompson. Now, Miss Thompson came to you
00:54:16wanting a termination of her pregnancy, did she not? Yes. And it is clear that in Miss Thompson's case,
00:54:21she had not gone beyond sixteen weeks. Well, it's clear now. It certainly wasn't clear then.
00:54:27Oh, come, Dr. Catty. This is your job. This is your expertise. Surely one of the most elementary parts of it.
00:54:31Are you trying to tell this court that a man of your experience could be mistaken as something so
00:54:36elementary? It is, in fact, extremely difficult to ascertain precisely how far advanced a pregnancy is
00:54:42by examination alone if the mother is unsure of her dates. The fact is that you knew perfectly well
00:54:49when you first saw her that her pregnancy could be terminated perfectly legitimately and with no
00:54:52danger to her at all. I knew no such thing. I thought there was a very good chance that she would
00:54:57change her mind, that she would want to keep her child, and time has proved me right. Do you not
00:55:02mean that you wanted to talk her into it in the hope that you might be able to arrange for its
00:55:06adoption, were you not, as she has said, painting a situation as grimly as possible to her and
00:55:11presenting adoption arranged by you as her only recourse? No. So, Miss Thompson was lying when she
00:55:18said this is what you did. Yes, she was. Can you think of any reason why she should make up such
00:55:23lies about you, if lies they were? I was the closest observer of her rejection of her child.
00:55:28She is now seeking to blame me for that rejection. Oh. And I would like now to turn to the events of
00:55:35the 31st of July of last year, that is, the day you performed the operation on Miss Thompson. I mean,
00:55:41there is no question, is there, that it was you who performed the operation? I performed the operation,
00:55:47yes. And would you agree that this is a serious operation, causing a severe wound? Oh, yes, indeed.
00:55:53And would you agree that to inflict such a wound on a person without good reason would be to do that
00:55:58person a most serious and grievous harm? I would most certainly agree, if it were done without good
00:56:04reason. Now, we have heard that on the afternoon of the 31st of July last, on your second visit to Miss
00:56:11Thompson, you discovered that all was not well with her labor. That is correct, is it not? Yes, it is.
00:56:16Well, now, would you agree with Miss Horton, though you may not have perceived the necessity for this
00:56:21operation at that time, it was nonetheless evident if you had looked? I was too occupied with Miss
00:56:28Bowden's behavior. You see, if I understand both your and Miss Horton's testimony correctly, there is
00:56:34this moment when there are all three of you in this room, yourself, Miss Horton, and Miss Bowden,
00:56:40with experience in obstetrics, totaling in excess of a hundred years. And none of you realizes, or at
00:56:47least none of you does anything about the distress of this unborn infant, the imminent danger to its
00:56:53life. But you need look no further than to Miss Bowden's behavior for your answer to that question.
00:56:58Are you saying that Miss Bowden was physically preventing you from attending to your patient?
00:57:03Her behavior, Walt?
00:57:04Oh, Dr. Cattie, the wounded and dying have been tended to on battlefields, under fire, in bombed and
00:57:10burning cities. And are you trying to tell us here that you are unable to attend to this case
00:57:14because of the behavior of a single midwife?
00:57:17I am telling you what my decision was at that time.
00:57:21I suggest to you, Dr. Cattie, that the reason you had to get rid of Miss Bowden was because you
00:57:25realized, with understandable horror, that she suspected that the labor was being interfered with
00:57:30in order that you might obtain that infant.
00:57:33No.
00:57:34Now, we have heard a lot about fetal distress. But wouldn't a contraction that could endanger the life
00:57:41of an unborn child also cause extreme pain to the mother? Yet Miss Thompson has told us that she
00:57:47suffered no such pain.
00:57:50Birth is a painful business at the best of times. She may not have distinguished that pain.
00:57:55I see. Now, when you return to the delivery room after making sure Miss Bowden was off the premises,
00:58:00you immediately set things in train for this operation. Is that correct?
00:58:04Yes.
00:58:04Now, under these circumstances, wasn't Miss Horton the most obvious person to help in the operating
00:58:09theater?
00:58:09No.
00:58:10She was to hand. You have told us that she helped you in the past. Why did she not help
00:58:14you in this emergency operation?
00:58:16Because she had other work to attend to.
00:58:18Oh, I see. Now, Dr. Cattie, after this child was born, how long was it before Miss Thompson
00:58:26saw it?
00:58:27As far as I know, she didn't see it until the third day after it was born.
00:58:33But why didn't you or one of your staff take her to Miss Thompson as a matter of course?
00:58:37Because she said that she did not wish to see it. We were afraid of alienating her from it.
00:58:42Miss Thompson has told us that she was anxious to see the child.
00:58:46Well, it's understandable that she should say that now.
00:58:48I put it to you that Miss Thompson asked to see her child and that you refused her.
00:58:54That is not the case.
00:58:56I mean, did you not have a conversation with Miss Thompson immediately after the child was
00:59:00born, telling her that you had arranged for it to go to a good home, where it would be
00:59:04well looked after?
00:59:05No.
00:59:05Did you not tell Miss Thompson that this couple had kindly agreed to pay for her treatment?
00:59:10I said no such thing.
00:59:12Did you tell her, as she has said you did, that she should think of the welfare of the child
00:59:16and not be so selfish?
00:59:18No.
00:59:19Is there any motive that you can attribute to Miss Thompson for telling to this court what
00:59:24you claim to be a pack of lies?
00:59:27She is seeking to transfer her guilt for the rejection of her child onto myself and onto Miss
00:59:34Horton.
00:59:34Have you seen Miss Thompson with her child since you allowed her to have it?
00:59:40Yes, indeed I have.
00:59:42And I am thankful to see that she is now entirely reconciled to it.
00:59:47Miss Thompson didn't pay for her stay at your clinic, did she?
00:59:51No.
00:59:52That was because of the arrangement that the child should be adopted, wasn't it?
00:59:55No, there was no such arrangement.
00:59:57She should have been sent an account like any other patient.
01:00:00Then what happened to the bill?
01:00:02Well, my solicitor asked me about this two days ago.
01:00:05So far we've been unable to trace it, maybe the accounts clerk neglected to send one out.
01:00:09I really don't concern myself with that side of things.
01:00:11I put it to you, Dr. Cattie, that you had arranged for Miss Thompson's child to go for
01:00:16adoption for a handsome sum of money, and that you would hope by keeping her separated from
01:00:23it during those crucial days to prevent her natural affection for it from developing, and
01:00:29thereby ensure that within the next few weeks you would be able to get her consent for that
01:00:36adoption, to which you would never otherwise have agreed to.
01:00:41No, I never had any such idea.
01:00:44The charge is that Dr. Cattie wounded Miss Thompson with intent to cause grievous bodily harm,
01:00:53and that Miss Horton actively encouraged this, either by being instrumental in obtaining Miss
01:00:58Thompson's agreement to be treated by Dr. Cattie and to have her child adopted, or by
01:01:05actively assisting at that caesarean operation, or both.
01:01:08Now, there can be no doubt that Dr. Cattie did inflict a most serious wound on Miss Thompson,
01:01:15and that he did so intentionally.
01:01:17Therefore, it follows that he wounded her with intent to cause grievous bodily harm simply
01:01:22by carrying out that operation.
01:01:26This would be no crime, no offence, if that were a bona fide, necessary surgical operation.
01:01:34So there you have the question for yourselves, as regards Dr. Cattie.
01:01:38Was the operation necessary, as he asserts, or was it done to prevent the mother developing
01:01:44that feeling for her child which a mother develops during a natural birth?
01:01:49Well, that is the case put to you by learned counsel for the prosecution.
01:01:53That Dr. Cattie would have lost the opportunity of selling that child for adoption if the mother
01:02:00felt too strongly for the child after the birth.
01:02:04Now, you must consider each defendant separately.
01:02:07So with regard to Miss Horton, you must ask yourselves, did she actively participate in
01:02:13a plan which involved an unnecessary operation, or did she actively assist at an operation knowing
01:02:21it was unnecessary, or both, for if she did either, or both, she's guilty.
01:02:28Now, the prosecution must prove their case to your entire satisfaction, and if you are
01:02:35not so satisfied, then you must acquit.
01:02:37Will you now please retire and consider your verdict?
01:02:40Members of the jury, will your foreman please stand.
01:02:47Just answer this question, yes or no.
01:02:50Have you reached a verdict on which you're all agreed?
01:02:52Yes.
01:02:53Do you find the accused, Dr. Hector Cattie, guilty or not guilty on the charge of unlawful wounding?
01:02:58Guilty.
01:02:59Is that the verdict of you all?
01:03:01Yes.
01:03:02Do you find the accused, Winifred Horton, guilty or not guilty on the charge of aiding and abetting?
01:03:07Not guilty.
01:03:09Dr. Hector Cattie was fined a thousand pounds, and given a six months suspended sentence.
01:03:22.
01:03:29.
01:03:35.
01:03:41.
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