NSW: Doctor acquitted over Medicare abortion frauds

AAP General News (Australia)
04-12-2006
NSW: Doctor acquitted over Medicare abortion frauds

By Tara Ravens

SYDNEY, April 12 AAP - A doctor found guilty of almost 100 counts of dishonestly obtaining
Medicare benefits has had her conviction quashed in a Sydney court.

Suman Sood, the former owner of the Fairfield Women's Health Clinic, was convicted
in April last year of 96 counts of Medicare fraud.

The Crown alleged that at the same time Dr Sood was bulk-billing the commonwealth for
abortion services, she was illegally charging patients an out-of-pocket cash fee for the
procedure.

Using a sliding scale for fees, Dr Sood charged an additional $120 if a pregnancy was
terminated at 12 weeks, and up to $1,000 for pregnancies terminated at 19 weeks.

Dr Sood was sentenced to 300 hours of community service and fined more than $20,000.

But in a majority verdict in the NSW Court of Criminal Appeal today, Dr Sood's appeal
application was allowed, and her conviction and sentence overturned.

A new trial was ordered.

Dr Sood, while giving evidence in her first trial, denied planning to rig the system.

"She denied that she had any dishonest intention," Chief Justice James Spigelman said
in his judgment.

"She said she believed that she was entitled to charge the additional fees because
the relevant item did not include any of the other services she provided."

Dr Sood gave evidence that other abortion clinics were charging additional fees for
counselling and the use of theatres because they considered them to be additional services.

"It is impossible rationally to exclude such a reasonable possibility," Justice Michael
Adams, the second ruling judge, said in his judgment.

"The circumstances here are inherently and irreducibly ambiguous."

Justice Carolyn Simpson was the third ruling judge.

A date for a new trial is yet to be set.

AAP tr/smb/jm/nf

KEYWORD: SOOD

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