PM: Woman convicted of abortion could have punishment reconsidered by cabinet

Updated 4.30pm with ADPD reaction

Prime Minister Robert Abela said he would be willing to seek a Cabinet review that could lead to less severe punishment for a woman handed a suspended sentence after being found guilty of abortion.

Speaking to reporters on Thursday, Abela said he personally believed women should not face prison or suspended sentences for abortion and suggested the Cabinet could reconsider the punishment in this case.

And if the woman wants to, "I would be willing personally, because I believe in what I am saying, that the cabinet reconsiders the punishment for one that is more calibrated," he declared.

Abela appeared to be referring to the president's prerogative of mercy, which can lead to a pardon, grant respite to a person or substitute a punishment for a less severe form. 

Abela was referring to a case heard in court on Wednesday in which a woman received a suspended sentence after admitting to terminating her pregnancy.

“We can't have people scared to go because they believe they might end up in a cell. Now it is no longer a belief, it is a fact.”

The woman had gone to Mater Dei Hospital after experiencing heavy bleeding.

While she was being treated by medical staff, the woman told doctors she had taken medication to terminate the pregnancy. An ultrasound carried out when she was admitted showed an empty uterus.

Abela said the woman had gone to the hospital because she was losing blood and was “in danger of potentially dying".

“I will never let there be a situation where a woman can lose her life,” he said.

Evidence presented in court showed that a doctor filed a police report about the case following advice from Mater Dei Hospital’s legal department.

Abela criticised the legal advice that led to the report and said he disagreed with it.

“This isn’t just a case of legality; this is a matter of human nature and health. We can't let a prospective mother, whose life is in danger, not get medical help in the hospital. If that is acceptable, I don’t agree with it morally.”

“A woman should never receive a prison sentence for this crime," said the prime minister.

Alternative punishments, he said, could include community work, a conditional discharge or a probation order, as was given out in previous cases.

Abela also addressed the courts, suggesting there may have been a recent increase in the severity of punishments.

“I don’t know why in the last few months, there was an escalation in the punishments given,” said the prime minister.

He reiterated that while he does not support prison sentences or suspended sentences for women who have abortions, this does not mean changing the legal status of abortion.

“There are other punishments that could take place. This does not mean depenalising or decriminalising.”

Abortion is illegal in Malta except when performed by doctors to save a woman’s life.

Under a recent decision by the European Commission, Malta is not required to change its abortion laws or use EU funds to support abortion access. However, other EU countries may use EU funding to assist Maltese women seeking abortions in their country.

Until now, Maltese women have been able to obtain abortions in other EU member states but must pay for the procedure themselves.

Abela plays with words while women face prison: ADPD

Reacting, ADPD said Abela’s approach was little more than playing to the gallery in order to avoid taking clear political decisions in favour of women facing difficulties.

"If the Prime Minister truly believes that women should not be sent to prison, then he should have the courage to change the law instead of offering ad hoc, case-by-case solutions depending on whether a case attracts public attention or not.

"This is not serious governance. It is clear that Abela is a hostage to intransigent and fundamentalist Labour supporters, officials and MPs who show little empathy towards women in difficulty."

The Green Party's chair Sandra Gauci said Abela lacked the political backbone to address the problem in a structural manner.

Having cabinet consider cases one by one instead of changing the law proved lack of leadership, she added.

"No woman should face a prison sentence for making the often difficult decision to terminate a pregnancy. Criminalising abortion does not prevent abortion - it simply puts women at risk and exposes them to criminal proceedings, stigma and legal uncertainty.”

This was also why doctors must be able to provide care without fear of criminal consequences, she added. 

"A woman suffering a haemorrhage is a woman who needs medical care, full stop. In Malta, we are in a situation where women who need help are afraid to seek medical assistance," she said.