Murderer Who Killed Mother of 3 Granted IVF Treatment in Victoria

The Victorian opposition says that even if pregnancy is self-funded, a murderer should not be given these rights from a jail cell.

An embryologist shows an Ovocyte after it was inseminated in Virginia, on June 12, 2019. Ivan CouronneI/AFP/Getty Images

The Victorian government has blocked a bill that would have banned convicted criminals from receiving IVF (in vitro fertilisation) while serving prison time.

Liberal spokesman for criminal justice reform and corrections, Brad Battin, called for the bill to receive bipartisan support on Nov. 28.

This was after it was revealed that convicted murderer Alicia Schiller would receive the pregnancy treatment and raise the child behind bars until it turns five, while housed as an inmate at the Dame Phyllis Frost Centre.

Schiller is serving a 16-year sentence for repeatedly stabbing and killing housemate and mother of three, Tyrelle Evertsen-Mostert, over a $50 (US$32.50) debt.

Tyrelle’s mother, Jo Evertsen-Mostert, has gone on the record saying the decision was “ludicrous” and “disgusting.”

Battin has lobbied hard to make sure this situation never arises again, but was unsuccessful.

“We want to introduce these Bills because the community is rightfully angry when you hear that a person is getting out of the prison system and taking leave to go and get treatment,” Battin, also the shadow minister for police and youth justice, said in state parliament on Nov. 28.

Battin said his office had been inundated with concerned residents who do not support Schiller being granted IVF access, after putting forward a petition on the issue.

“We on this side 100 percent fundamentally disagree with this process. I’ve said it publicly that I don’t understand in what world does this seem to be OK?” he said.

“We’ve spoken in media, we’ve got responses from people continuously. The messages coming to my office, I’ve only heard two people come out and say that we should be able to allow a person to go and get IVF or ART (antiretroviral therapy) while they are in the prison system.

“And from our messages coming back, the community simply doesn’t support it.”

Another reason behind the community anger is the question regarding who will fund the IVF treatment.

It has been reported that a sophisticated and well-staffed security operation—funded by Victorian taxpayers—would be required every time Schiller is allowed to visit a hospital or medical facility to receive treatments and undergo tests.

On Nov. 27, the state government said taxpayers would not have to pay any of the staffing, security or transportation costs between the prison and external IVF clinic.

But it did not say that if the treatment was successful, how much it would cost to care for the child in the specialist parent ward, or if taxpayers end up covering that expense.

Government Seeking Advice

Victorian Premier Jacinta Allan said it would be “deeply inappropriate” to comment on the private health matters of individuals, adding the Supreme Court had already made a ruling on this issue.

“As the circumstances stand today, there is a Supreme Court ruling that provides for a pathway for prisoners to access this private health treatment,” she said.

“I can understand the depth of feeling in this issue and advice is being sought.”

In response, Battin said a murderer should not be given these kinds of rights, even if the treatment is be fully funded privately.

He added that no child should be born into a prison system for the first five years of their life.

Under Victorian laws, the child can be raised inside prison until they reach that age, but then should be cared for in the community.

“I’ll take out of the fact of that, that even if it is self-funded it’s not something we believe we should be supporting, when it comes to taking care of the child as well,” Battin said.

“If the mother doesn’t get parole at the end of that five years, the child is then released from prison and sent out to other family members.

“That is not in the best interests of a child, it’s not in the best interests of our system and it puts a further burden on our already-stretched justice system.”

Schiller has told authorities that the child could live with her until it turns five.

But it also emerged that Kathryn Footner, a lawyer for Schiller’s mother, revealed that her client would not care for the infant if Schiller became pregnant from successful IVF treatment.

Victorian Corrections Minister Enver Erdogan said that in his role, he was obliged to provide healthcare support.

“I do want to extend my deepest sympathies in particular to the family and loved ones of the victim,” he said.

“As the corrections minister, we obviously provide transportation to people to access medical care as needed, but in terms of whether that medical care is needed or appropriate is a medical question, and there are ethical questions there that medical experts need to answer.”

2010 IVF Prisoner

Erdogan said he was waiting on advice from the Justice Department about distinguishing Schiller’s case from another in 2010, when a prisoner in minimum security was allowed to continue IVF.

“I’m awaiting that advice, but that case, in relation to the IVF treatment in 2010 was clear that it is medical treatment that falls under Section 47 of the Corrections Act,” he said.

Battin said he did not understand why the Allan government would use this decision as a way to rationalise offering services of the same kind to Schiller.

“The 2010 decision was for someone to continue treatment for IVF who was a welfare thief,” he said.

“A welfare thief doing under 18 months in prison, and now the government is using that as an excuse for a person who murdered a mother of three over a $50 debt.”