-Terry O'Neill
The Vancouver Police Department washes its hands of the Ximena affairThe issues surrounding the lack of care Ximena Renaert's received after she was born at Vancouver General Hospital 12 years ago after a failed abortion certainly seemed important two months ago. They were important enough to prompt B.C. Liberal MLA Geoff Plant to call on Attorney General Ujjal Dosanjh in June to launch an investigation into whether any crime had been committed. Similarly, they appeared to be important enough to Mr. Dosanjh that he passed Mr. Plant's concerns along to his deputy, Ernie Quantz. What is more, the matter seemed significant enough to Mr. Quantz for him to ask Vancouver police Chief Bruce Chambers to review Mr. Plant's complaint. Once in the hands of the police itself, however, "it was treated with all the urgency of a jaywalking corn plaint," observes health activist John Hof.
Two weeks ago, after failing to return several telephone messages over a span of at least a month, Constable Anne Drennan, the police department's media liaison, finally contacted BC Report to say she had been informed at some unspecified previous date that the department would not be launching a formal investigation in the Ximena affair. Const. Drennan said further that she could not recall the reasons for the decision, and offered no explanation why she had not called BC Report with the information as soon as she had received it.
"It's typical and it's sad," says Kelowna pro-life activist Ted Gerk. "If someone so much as passes air in front of an abortion clinic, the cops are there in a minute. But when an entire medical team leaves a defenceless newborn unattended for more than half an hour, with the apparent intention of letting her die, it barely rates their attention."
"Maybe we should look into the possibility of laying a private information with a justice of the peace." Mr. Gerk says. "I think it's obvious there was a violation of the Criminal Code, and the police should have carried through with their investigation."
The incident to which Mr. Gerk is referring was the subject of a civil suit brought against VGH and its medical staff by the adoptive parents of Ximena. who suffered severe cerebral damage as a result of the abandonment. The suit was settled out of court March 29; the Public Trustee's approval of the settlement - rumoured to amount to several million dollar's - is expected within a month.
After the settlement was reached, details of the case reached MLA Plant, who concluded that the original allegations "point to the possibility of criminal activity including child abandonment or criminal negligence," Other observers said a charge of attempted murder might also be warranted.
While the police were reviewing the case, Mr. Gerk, who is communications director of the Pro-Life Society of B.C., filed a complaint with the B.C. College of Physicians and Surgeons against the doctors involved in the case. He was informed in a letter dated July 23 that 'the actions of the hospital are not subject to the college's review."
On the other hand, the Registered Nurses Association of B.C. confirmed last week that the case is still in its professional-conduct review process.