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Health
court reporter Danny Tran

Midwives charged with manslaughter over Melbourne mother's fatal homebirth plead innocence

Caroline Lovell died in 2012 after complications from a homebirth. (Supplied)

Two women accused of negligently causing the death of a Melbourne mother who suffered multi-system organ failure after a homebirth have again professed their innocence, with lawyers describing them as "loving and caring midwives".

WARNING: This story contains graphic content that readers may find distressing.

Gaye Demanuele, 60, and Melody Bourne, 44, appeared in the Melbourne Magistrates' Court, where they were accused of the negligent manslaughter of Caroline Lovell, who died in hospital after giving birth at home in 2012.

Prosecutors are testing the evidence against Ms Demanuele, of Preston, and Ms Bourne, of Mullumbimby in New South Wales, in the hopes of taking them to trial.

The prosecution of a midwife as a result of a woman dying during birth is rare, and this is believed to be one of only a few cases heard in Australia.

Ms Bourne's barrister, Robert Richter QC, told the court his client and her co-accused vigorously denied they were negligent.

He said both midwives held "love" for Ms Lovell, her widower and their children, and they had been devastated by her death.

Mr Richter said Ms Lovell's death was unforeseeable.

"Both Melody Bourne and her elder midwife did their best to exercise the skill that they had and the judgement that they had. Neither of them were aware of the earlier problem that existed in relation to the first child that was born to the deceased," he said.

"And what's more, the deceased's husband didn't know that was the case."

During the birth, Caroline Lovell, 36, sustained tears and started bleeding, the court heard. (Facebook)

Shortly before 9:00am on January 23, 2012, Ms Lovell's daughter was born in a birthing pool which was set up in the lounge room of her home at Watsonia.

Prosecutors on Thursday told the court she was under the care of the two midwives.

'I am dying'

Crown prosecutor Patrick Bourke QC said that during the birth, the 36-year-old mother sustained tears and started bleeding.

The court heard that Ms Lovell complained about feeling lightheaded, with her collapsing and temporarily losing consciousness before being roused.

"She became agitated. She also started breathing at a rapid pace and by 10:15am had become very agitated," Mr Bourke said.

"Ms Lovell told both accused that she wanted to go to hospital and told them, 'I'm dying.'

"The deceased requested an ambulance on two or three occasions."

Five minutes later, Ms Lovell had lost consciousness and emergency services were called.

The magistrate heard that while one of the midwives, Ms Bourne, was speaking to the triple-0 operator, Ms Lovell stopped breathing.

On Thursday, Carmen Bulmer, a student doula, was called as a witness and described to the court seeing both Ms Demanuele and Ms Bourne performing CPR on the mother of two.

A short time later, paramedics were on the scene and revived Ms Lovell before taking her to the Austin Hospital, where she was put in intensive care.

"She subsequently began to experience multi-system organ failure and died at the Austin Hospital," Mr Bourke said.

The young mother died the next day after experiencing continuous bleeding and becoming unresponsive to treatment.

Conduct  'criminally negligent', crown prosecutor alleges

An autopsy later revealed that Ms Lovell had a five-centimetre tear to the posterior wall of her vagina and a 1.5-centimetre perineal tear.

"There were a number of aspects of the conduct of the accused, including omissions in the lead-up to and following the birth, that were, it is alleged, criminally negligent," Mr Bourke said.

"There were a number of opportunities at which the accused failed to recognise and or react to the deterioration of the deceased's condition.

"It is alleged that those failings caused or substantially contributed to the death of Caroline Lovell."

Ms Demanuele's defence barrister, Rishi Nathwani, on Thursday said Ms Lovell's death was "tragic".

"She's always recognised … the pain the family of Caroline have suffered and the pain they inevitably continue to suffer.

The hearing continues.

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