Midwife, 52, charged over the deaths of two babies who died during home births is cleared of manslaughter

  • Adelaide midwife Lisa Barrett cleared of deaths of two babies in 2011 and 2012
  • Ms Barrett fronted the Supreme Court on Tuesday where verdict was handed
  • She had pleaded not guilty over deaths of Tully Kavanagh and another baby boy
  • Tully was delivered in car and revived in hospital but died the following day

A former midwife charged over the deaths of two babies during home births has been found not guilty of two counts of manslaughter.

Adelaide woman Lisa Barrett, 52, was cleared on Tuesday over the deaths of Tully Kavanagh in 2011 and another baby boy in 2012. 

Justice Ann Vanstone spoke in the Supreme Court and said it had not been proved Ms Barrett's conduct had been 'culpably negligent'. 

'While I have found that the accused's conduct in relation to the labours of both women fell short of that of a reasonably competent midwife, in neither case has it been proved beyond reasonable doubt to be grossly or culpably negligent.

'Although I find that the accused's conduct was less than competent, I am not satisfied that her conduct merits criminal sanction.

Adelaide woman Lisa Barrett, 52 (pictured), was cleared on Tuesday over the deaths of Tully Kavanagh in 2011 and another baby boy in 2012

Adelaide woman Lisa Barrett, 52 (pictured), was cleared on Tuesday over the deaths of Tully Kavanagh in 2011 and another baby boy in 2012

'My verdict in relation to each count is not guilty.'

Tully's mother Sarah Kerr, told the court during the trial that she had given birth to the first of twins, a girl, when Tully's heart rate began to plummet.

Ms Kerr said she continuously asked Ms Barrett whether she needed to go to the hospital but 'that advice had not been provided'.

She eventually delivered Tully squatted in the passenger seat of a car before she and Ms Barrett began to resuscitate him.

Tully was revived in hospital and taken to intensive care, but his life support was turned off the next day.

The second baby's mother, who also gave evidence, said Ms Barrett assured her throughout her pregnancy that her baby was positioned head down.

The woman told the court she did not find out the baby was in the breech position until she was in labour and Ms Barrett felt toes during an examination.

'No concerns were raised,' the mother said.

'There were no explanations, no information given, no recommendations.'

Ms Barrett did not give evidence at her trial.

Tully's mother Sarah Kerr (pictured), told the court during the trial that she had given birth to the first of twins, a girl, when Tully's heart rate began to plummet

Tully's mother Sarah Kerr (pictured), told the court during the trial that she had given birth to the first of twins, a girl, when Tully's heart rate began to plummet

 

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Midwife cleared of charges over deaths of two babies during home birth

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