A second breastfeeding mother has been ejected from a hearing in a high-profile court case after a judge labelled her crying baby a distraction.
On Tuesday County Court judge Mark Gamble ejected a woman who entered the courtroom shortly before the hearing started. Her baby was heard crying in the courtroom after the hearing had begun.
A breastfeeding woman was asked to leave the County Court.Credit:Wayne Taylor
Gamble told the woman that given the critical stage of the trial, and the need for the jury to concentrate, an unsettled child would present a distraction.
Last Thursday Gamble’s ejection of a different breastfeeding mother caused a furore and reignited debate about where, and under what circumstances, it is appropriate to breastfeed a baby in public places.
“Whilst this is an open court this is a critical stage of the trial in which the defence presenting their closing address to the jury, they need to be able to focus on that and the jury needs to be able to focus on what the defence are saying without distraction,” Gamble said on Tuesday.
“In my view, the situation at the moment with this unsettled baby is going to present as a distraction to the jury and that is unfair on them, unfair on the accused, and unfair on the prosecution as well.
“Madam, I’m sorry, but I’m going to have to ask you to leave court with your baby.”
Gamble has been cautious throughout the trial, warning several journalists and members of the public against actions that could distract or influence the jury.
Lawyers acting for the defence and prosecution made brief comments to Gamble, indicating their shared opinion that the crying baby would be a distraction to the jury.
“All I can say is it’s a distraction, it shouldn’t be occurring,” the defence barrister told Gamble.
Attorney-General Jaclyn Symes.Credit:Joe Armao
“Prosecution agrees that the context here is one in which we’ve had the publicity last week and that really heightens the issue somewhat,” the prosecution barrister agreed.
The incident did not happen in front of the jury.
Gamble told the jury last week that it should be self-explanatory why he took that action.
“It should all be self-explanatory, members of the jury, what I said was this, and I am reading from the transcripts: ‘Madam, you will not be permitted to breastfeed a baby in court. I’m sorry. I will have to ask you to leave. It will be a distraction for the jury at the very least. Thank you’.
“I’m telling you this because it is something that has attracted some media publicity, and I think you need to know exactly what it was that I said and why I said it. As I said a moment ago, I think that it is self-explanatory.”
The woman who was breastfeeding last Thursday, who did not want to be identified, told The Age she felt traumatised by the ordeal.
“I just felt totally humiliated and shamed, like I was doing something wrong,” she said.
When asked whether there should be a blanket policy allowing breastfeeding in court, the County, Magistrates, High, Federal, Family and Supreme courts all declined to comment on the incident.
Attorney-General Jaclyn Symes said she will discuss the matter with the courts.
More to come.
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