Former Midwife Yolande Maritz appear at the high court in Pretoria.
Image: Oupa Mokoena / Independent Newspapers
In the case of former Pretoria midwife Yolande Maritz Fouchee, the prosecution has demanded a guilty verdict, claiming that the State has proven its case against her, particularly when considering the testimony of medical professionals.
In her earlier testimony before the Gauteng High Court in Pretoria, Fouchee defended herself against accusations that her actions caused two babies to be born with disabilities, one of whom died soon after birth and the other of whom was pronounced dead at birth.
She is facing 14 charges, including assault and culpable homicide, following claims that she did not pay attention to the risk factors of several of her clients at her You&Me birth clinic in Pretoria East.
While it is claimed that two babies had died under her care, one died at birth, and she could thus not face a culpable homicide charge in this regard. Charges of assault against her include that she gave some of her clients a substance known as the abortion medication Cytotec to drink to induce labour - something which was described by an expert as being very dangerous to do under the circumstances.
Prosecutor Jennifer Cronje this week told Judge Papi Mosopa that Fouchee’s explanation of how she “correctly” handled each birth is medically impossible. She asked the court to accept the evidence of the four mothers who are complainants in this case.
Several women testified that they were given “water with rescue remedy” to drink, which shortly afterwards led to severe contractions. They also testified in detail as to how she handled their pregnancies as well as the birth process.
While a medical expert earlier testified that Fouchee did not pay attention to the high-risk factors presented by some of her clients, she denied this. She explained that with her basic knowledge of doing sonars (obtained during a workshop), she could see that the unborn babies in question were growing inside the womb.
She conceded that she could not diagnose advanced abnormalities. But, according to her, things mostly went according to plan during the births in question. She said she was devastated when one of the babies had died nine days after birth when the doctors could do nothing more for him and the machines that kept him alive had to be switched off. She was equally traumatised when another baby was declared dead at birth, she said.
But Cronje argued that Fouchee acted outside her scope and that she had used unlawful techniques to ensure birth. These, she said, include the use of forceps in some cases to force birth. This, she said, construed assault on the mothers.
According to Cronje, Fouchee maintained she was a legally qualified midwife, and her actions should thus be measured against these standards. Fouchee was meanwhile deregistered by the HPCSA in 2021 after she was found guilty on five charges of unprofessional conduct.
Fouchee’s counsel meanwhile asked for her acquittal on all the charges and said her version that she had at all times monitored and counselled the pregnant women before and during birth must be accepted.
It was said that the allegations against her are either false, “mistaken” or not proved beyond reasonable doubt. Judge Mosopa was told that the fact that some babies were born with medical problems cannot be attributed to Fouchee's negligence. Mistakes sometimes happen, but this does not necessarily amount to negligence, the court was told.
Fouchee practised as a specialised midwife in private practice and should be measured as such and not against a midwife practising in a hospital where doctors, nurses, and equipment are readily available, it was argued.
The court is meanwhile due to give its judgment on March 25.