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Source: Fiji Daily Post; March 25,
2003
Fiji Doctor Charged With
Murder in Botched Abortion
Suma, Fiji -- A prominent Suva doctor
who caused the death of a 22-year-old girl while carrying out an abortion has
been remanded in custody.
Sachida Nand Mudaliar, a medical practitioner
of Nabua, in Suva, appeared before Chief Magistrate David Balram in the Suva
Magistrates Court yesterday on a charge of murder.
Mudaliar's plea was
deferred after his lawyer Mehboob Raza asked the court and the State prosecutor
to reconsider the charge of murder and instead lay a charge of professional
negligence.
Raza told the court the charge should be that of
professional negligence.
He highlighted a question from the police
statement in which police questioned his client on the possibility of the death
as a result of professional negligence.
State prosecutor John Rabuku of
the Office of the Director of Public Prosecutions said for the charge to be
amended, the defence would need to provide a written submission with reasons as
to why the charge should be reconsidered. Mudaliar was ordered remanded in
custody for two weeks to reappear on April 7.
Mudaliar caused the death
of Poonam Pritika Kumar, a university student, when he carried out an abortion
on her.
Mr Raza said his client should not be charged with murder and
could be charged with other charges like manslaughter or criminal negligence,
"but not murder."
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