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Bertram Wainer

Bertram Barney Wainer (30 December 1928 – 16 January 1987) was an Australian doctor who successfully campaigned for legal access to abortion for women in the state of Victoria. In the process he received multiple death threats from Victoria Police and survived at least three attempts on his life, including shootings and arson. He was also to uncover political and police corruption.

Born in Edinburgh, Scotland (his father had died before his birth), he left school at thirteen and migrated to Australia eight years later with 2s 6d in his pocket. He did many odd jobs while attending night school and later the University of Melbourne, where he obtained his medical degree in 1958.

He became an army doctor in 1960 but resigned in 1966 as commander of a military hospital to go into private practice in St Kilda, Melbourne.

In 1967 a young woman came to Wainer's Melbourne surgery seeking emergency treatment after a back-yard abortion. For Wainer it marked the beginning of a long struggle to overturn laws that made abortion an offence punishable by up to fifteen years in jail.

The campaign of Wainer and others came to a head in 1969. Dr. Ken Davidson had been charged under the existing abortion law. After police began questioning women from patient files seized in a raid on the doctor's surgery, on 20 May 1969, Wainer placed an advertisement in the mass circulation The Sun News-Pictorial; under the heading 'Abortion Abortion Abortion' the ad called on women "not be intimidated by bullying or intimidatory tactics [of the police]".

On 3 June 1969, in a landmark decision R v Davidson, Dr. Davidson was acquitted; the court decision said, in part, that abortion could be legal under the following conditions: it was "(a) necessary to preserve the woman from a serious danger to her life or her physical or mental health which the continuance of the pregnancy would entail; and (b) in circumstances not out of proportion to the danger to be averted".

A few weeks after this Wainer surrendered himself to police and "confessed" to performing an abortion, thus testing the new legal framework and bringing publicity to the decision in the Davidson case. (Before that time Wainer had not performed abortions; this was one of the reasons he could be such a prominent advocate for change since he had not committed a 'crime'). Soon after this all the doctors charged with performing abortions were acquitted or proceedings were dropped.

Wainer also raised allegations of police corruption in protecting back-yard abortion rackets. His claims were published in stories written by journalist Evan Whitton in Melbourne's Truth newspaper. On 9 December 1969 a series of affidavits was handed to the Solicitor-General, Basil Murray QC. They alleged that police were protecting doctors as well as back-yard abortionists, including Charles Wyatt, a former Victorian police officer.

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