Jailed pregnant 19 year old, not facing any criminal charges, due to have baby
Posted by: Jenny Penny in Americas, Crime, Health, Reproductive rights, Violence against womenI often wish I knew more about the law and legal matters. Because then I could understand things like this:
A pregnant teenager detained in jail only to make sure she’ll testify in court this week, according to her lawyer, is due to deliver any minute.
Noelly Mowatt, 19, who is not facing any criminal charges, and has been living in a jail cell at Vanier Women’s Centre in Milton since she was denied bail last Thursday, is worried the stress of her surroundings is affecting her health.
Expected to give birth to her second child April 15, Mowatt won’t be let out of prison until after she testifies at the April 11 assault trial of her boyfriend Christopher Harbin.
Harbin is charged with eight offences, including assault with a weapon, forcible confinement and breaching probation.
“She’s contracted the flu since she’s been in jail. She already had to seek medical attention,” defence lawyer Lydia Riva said yesterday. “She’s obviously stressed out and concerned about her pregnancy. She’s afraid to have her baby in custody.”
On March 20, a judge issued a material warrant for Mowatt’s arrest when she wasn’t in court for Harbin’s trial.
Riva said a judge can issue such a warrant if there is evidence someone won’t respond to a subpoena or is evading subpoena.
The Crown argued that after Mowatt called police in December to report that Harbin was abusing her, she refused to pick up her summons to appear at trial.
(From Canadian newspaper TheStar.com)
So, do I get this right:
The pregnant 19 year old, due to deliver any time now, is not facing any criminal charges but is detained solely to make sure she testifies against her boyfriend, who is on trial for abusing her? As I said, I’m not versed on the workings of the law, especially in Canada, but this seems too fucked up for me. Can you imagine being confined to a jail cell knowing that you basically can go into labour any minute (the expected delivery date is four days after the trial, but since when are babies always on the clock?), and to add to that stress, the reason you are in that cell is to make sure that you will testify against the man who has abused you. I understand that it’s important to make sure witnesses appear, but this just seems… cruel and unnecessary.
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April 11th, 2008 at 7:45 pm
It turns out that Ms. Mowatt is not due until the first part of May. (somehow this smacks of the Brenda Martin case where the hysterical reportage does not jibe with all the facts)
In any case it is a shame to see a young woman who is obviously not some arch criminal being thrown into jail.
My main concern, however, is with the repercussions of this whole sad affair. If Ms. mowatt’s call to 911 was only done in some fit of pique at her boyfriend, I have to wonder if the police resources weren’t dragged away from some other caller to 911 who was truly in need of help.
If, as Ms. Mowatt originally complained, she was attacked at knife point and now refuses to testify, I again have to wonder what will happen in the future. Will Ms. Mowatt and her yet to be born child wind up like the children in Meritt B.C.? If this happens will the police be blamed for not taking adequate measures to protect her? I suspect so.
I can understand her reluctance to testify knowing full well our ‘hug-a-thug judicial system will soon have him back on the streets but, with all the publicity this case has received, I am certain the police and the social agencies will take extra steps to ensure her safety. The problem lies in the fact that if you cry wolf too often you will get eaten by that wolf.