Isabel Annie Aves (née Michaelsen) (18 March 1887–15 October 1938) was a New Zealand abortion provider. She was born in Waipawa, Hawke's Bay, New Zealand on 18 March 1887. Aves provided abortion services from her home in Napier using sea-tangle tents (probably Laminaria digitata seaweed stalks or a local substitute) which, when inserted into the cervical canal, absorbed water and slowly expanded, dilating the cervix.[1]
Her first trial was in Napier on a charge of "unlawfully using an instrument with intent to procure a miscarriage", but the jury could not agree on a verdict. Two further trials were held in Wellington, with the juries again failing to agree on a verdict, amid much publicity. An unusual fourth trial followed, which also resulted in no conviction.[2][3] Aves was represented by Cyril Harker at the trials in Napier in August 1936, Wellington in October 1936,[4] December 1936 and February 1937.[5][6] Harker's defense rested on lack of direct evidence; none of the women gave evidence and the crown prosecutor relied on circumstantial evidence.
In 1938, Aves was shot by Colin Herbert Hercock, the fiancé of a woman she had performed an abortion on, after he was led to believe that his fiancée was going to die as a result of the abortion. Aves died later in hospital; the fiancée survived to give evidence at Hercock's trial.[7][8] Harker defended Hercock, getting him off on the lesser charge of manslaughter rather than murder[9] and subsequently getting his prison term reduced.[10] The judge in Hercocks' trial was Michael Myers, who had presided over Aves's previous trial. During the trial, he said: "If Annie Aves had been dealt with as she should have been, this tragedy would not have happened".[11]
