Katherine Hoang’s family and friends want charges laid for death of unborn twins
FAMILY and friends of a heavily pregnant mother of unborn twins killed in a car crash have questioned why no charges have been laid over their deaths. One family friend of Katherine Hoang said “justice needs to be served” after the unlicensed driver killed four people.
NSW
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FAMILY and friends of a heavily pregnant mother of unborn twins killed in a car crash have questioned why no charges have been laid over their deaths.
Lucy La, a friend of Katherine Hoang, 23, who was due to give birth to the two boys within two weeks, said “justice needs to be served”.
Unlicensed driver Richard Moananu, 29, is facing 10 charges including two of manslaughter after his allegedly speeding car crossed onto the wrong side of the road at Orchard Hills on Friday, smashing into a car being driven by one of Ms Hoang’s relatives, who was also killed.
But none of the charges relate to the deaths of Ms Hoang’s unborn babies.
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“We are upset as these babies were already part of the family and they did die in the accident,” Ms Lu said. “Unfortunately only two out of four lives were recognised.”
Attorney-General Mark Speakman yesterday ruled out changes to allow criminal charges over the death of an unborn baby despite backing a bill three years ago.
Mr Speakman yesterday said NSW law stated that the loss of a foetus following a criminal act is recognised by law as a serious injury to the mother who is carrying the foetus, not a crime in itself.
He was one of a majority of MPs who in 2015 passed a bill in the lower house after a conscience vote that envisaged a foetus would be considered a person when at least 20 weeks gestation or weighing at least 400 grams.
Parliament was told at the time that under the state’s Births, Deaths and Marriages Act, a foetus at that stage of development, if stillborn, was required to be registered by the parents and a doctor was required to complete a death certificate.
Stillbirths at that stage also qualify the mother to take paid parental leave and claim the Commonwealth baby bonus, which is noted as a “bereavement bonus”.
The proposed bill clearly stated that the law would not apply to anything done in the course of a medical procedure including abortions,
It passed with an amendment proposed by Mr Speakman that the overall penalty for the crime would remain the same.
The bill, which faced fierce opposition from women’s rights groups and the Greens and was criticised by the NSW Bar Association and Australian Medical Association, never made it into the upper house, where it was clear it would be defeated.
“I was shocked to hear of the tragic incident on Friday and offer my sincere condolences to the family and friends of the victims,” Mr Speakman said yesterday.
“The NSW government currently has no plans to change the law in this area.”
Ms Hoang’s husband Branco Hoang, who was in the front seat supervising the L-plate driver, is fighting for his life in hospital. Moananu, 29, remains in Westmead Hospital with leg injuries.
Police sources have revealed they are waiting for the results of the post mortem and pathology tests to see if they can lay charges over the deaths of the twins.
The 2015 campaign followed the death of an unborn girl at 32 weeks after a drugged driver hit the car carrying her mother.
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