A doctor is appealing coroner’s findings that referred him to prosecutors for a negligent manslaughter charge after he sliced his wife’s throat open and waited three hours before calling an ambulance.
Sleep and respiratory physician Peter Spencer, whose medical registration is suspended, was referred to the Director of Public Prosecutions for the criminal charge by coroner John Cain in June 2023.
Judge Cain investigated Mayumi Spencer’s death from cocaine toxicity following a night out with her husband in January 2015.
Dr Spencer tried to resuscitate her after she started vomiting and had a fit at their Melbourne apartment, the findings revealed.
He then sliced her throat open using a kitchen knife and pen, believing she had a blockage in her throat.
Despite his wife’s inability to breathe, Dr Spencer did not call an ambulance for three-and-a-half hours.
When paramedics arrived, they found Mrs Spencer lying on the floor and her husband performing CPR using “pretty gentle” compressions, the coroner’s court was told.
Judge Cain found Dr Spencer may have committed an indictable offence, referring him to the Director of Public Prosecutions for the charge of negligent manslaughter.
Dr Spencer has not yet been charged.
He appeared via video link in the Supreme Court on Wednesday, as he launched an appeal against the coroner’s finding.
“I’m suffering quite substantial financial hardship because of these corrupt findings and I wish to proceed on an emergency basis with this hearing,” he said.
Judicial Registrar Martin Keith said it was inappropriate for Dr Spencer to describe the coronial findings as corrupt.
“We understand from the grounds of appeal … But that doesn’t allow you to make adverse comments about the procedure,” he said.
Dr Spencer argued with Keith and Coroners Court lawyer Laura McDonough about his need to give notice to other parties about the appeal, including the Australian Health Practitioner Regulation Agency.
“I fail to see what the coroner’s findings have to do with AHPRA. It’s got nothing to do with them,” he said.
“They never appeared before the coroner. They’re not even remotely related to this hearing or the inquest.”
Keith told Dr Spencer he needed to notify AHPRA before the appeal could proceed, as it was an interested party to the inquest.
Dr Spencer will return to the court on March 13.
The Medical Board of Australia suspended his registration after the coroner’s finding, however he has applied to the Victorian Civil and Administrative Tribunal for a review.
