Chris Rossiter Wins Right to Die Without Dignity to Many, It Was the Most Hollow of Victories

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e-Deliverance A Peaceful Death is Everybody’s Right September Exit International 2009 Chris Rossiter Wins Right to Die without Dignity To many, it was the most hollow of victories. On repercussions for those who did so. Stopping short Friday 14 August, a landmark legal decision in the of endorsing a person’s right to request assistance West Australian Supreme Court made news around to help them die, the Court upheld Mr Rossiter’s the world. That decision concerned the right of right to determine the type of (medical) treatment Perth Exit member, Chris Rossiter, to request that that would be acceptable to him. The Court’s he be able to starve himself to death. decision also clarified issues of duty of care and omission to perform such a duty on the part of the As background, in June this year, Chris spoke nursing home. publicly of his wish to be able The Criminal Code to determine the of Western Australia manner and tim- stipulates that carers ing of his passing. must provide ‘the Chris’ quadriplegia necessaries of life’ lay at the heart to a person in their of his problems. charge due to ‘age, Completely unable sickness, mental im- to help himself, pairment, detention, Chris knew that or any other cause’. without help to die, To do otherwise is, he could live on quite possibly, to indefinitely. He is leave oneself open Dr Philip Nitschke visiting Chris Rossiter at Brightwater Nursing Home in July not terminally ill Photo courtesy: The West Australian to a charge of mur- and he is not dying. der. Not any more. However, he reasons that his quality of life was such that death was his prefereble option. As Constitutional law professor, George Williams has stated ‘It is remarkable that this outcome has But how could Chris Rossiter die? What, if any, been achieved in the face of what might have type of lawful help could be available to him? seemed the clear terms of the criminal law. The Chris contacted Exit and spoke with Dr Philip result speaks volumes for the strength of the prin- Nitschke about his choices. The Dignitas service in ciple of self-determination.’ Continuing he writes: Switzerland was discussed, and so was the option ‘this decision has exposed the need for legislative of starving himself to death. change. Allowing a person to starve themselves to death over a fortnight is far from the most compas- Could Chris end his life by refusing to take fluid sionate or dignified outcome.’ and nutrition? With voluntary euthanasia illegal in Australia, this would seem his only option - to ‘This is where euthanasia advocates have a point. starve himself to death. But would his carers agree, Now that a person may legally choose to die and if they did could they be accused of assisting through starvation, surely it is time to take the fur- Chris’ death? To answer this question, Brightwa- ther step of providing more humane options where ter Nursing Home went a person like Rossiter seeks to end their life.’ to the Supreme court in Western Australia. This Edition • Chris Rossiter Wins Right to Die Without Dignity - Page 1 • Exit Director Takes Exit to Hong Kong - Page 2 At a hastily scheduled • Melbourne Bob Dent Day Lunch - book now - Page 3 hearing presided over • Revised Dates for Exit Nth America Tour - Page 4 by Chief Justice Wayne • Tasmanian Parliamentry Presentation - Page 4 Martin, Chris Rossiter • Exitorial - Page 5 learned that he could • New Zealand Tour 2009 - Page 5 request to have his • Darwin meeting & workshop draws 80+ - Page 6 feeding tube removed at • Oct - Nov Chapter meetings - Page 6 any time with no legal • Exit Store/ Join Form - Page 7 Exit Director takes Message to Hong Kong In mid August, Exit Director Dr Philip Nitschke Mr Choi’s concerns proved remarkably similar to travelled to Hong Kong to appear as a guest on the those of Chris Rossiter in Perth. Despite the fact inaugural edition of the ‘Dignified Departures’ pro- that the State provides Mr Choi with 24/7 nursing gram on the Health and Lifestyle Channel which care in his own home, like Chris Rossiter, Mr Choi is broadcast via the Internet, cable TV and mobile is keen to have options over his meagre existence. phone into more than 10 million homes in China.

The new program is the brainchild of HLC Found- er and TV veteran, Mr Robert Chua. Well known as one of the ‘pioneers of television in Asia’ (The Hollywood Reporter), the Singapore-born media entrepreneur invited Philip Nitschke to take part in a studio panel debate with Dr. Chan Yee Shing (vice president Hong Kong Medical Association) and Mr. Kan Pak Kei (Vice-Chairman, The Samari- tan Befrienders Hong Kong), as well as Debbie Purdy on net linkup from the UK.

The debate focused on a seriously ill person’s right to end their own life at a time of their choosing and the proper role of the medical profession in car- ing for such a person. Significant disagreements emerged in the course of the debate with speakers needing to agree to disagree. The debate was conducted in Mandarin with Dr Nitschke being assisted by a translator to understand his opponents’ Hong Kong media report on the meeting between quadriplegic points of view. Mr Choi Wan-fung and Dr Nitschke ‘Those who oppose euthanasia are stupid,’ Mr In addition to the launch of ‘Dignified Depar- Choi said. ‘They think they are being humane, but tures’, Dr Nitschke took part in a public forum on if they had suffered as I have, they would probably voluntary euthanasia and palliative care and also be more eager to die than I am.’ addressed the Hong Kong Foreign Correspondents Club ensuring local and international media were Dr Nitschke said that in the absence of voluntary exposed to Exit’s unique approach in the end of life euthanasia legislation, Mr Choi is condemned to choices debate. Audio and video of the presenta- suffer. ‘It seems the most disabled among us are tion are both available for viewing. also sometimes the most disadvantaged in terms of end of life choices. If Mr Choi were able bodied In an interview televised internationally on he would have lawful options. Because he is not, Bloomberg TV’s Asian Confidentialwith Bernie he is trapped and my heart goes out to him. His Lo, Dr Nitschke debated Dr Cynthia Gow of the options are similar to those of Chris Rossiter - slow Singapore Hospice Association. Film of the inter- death by starvation, or taking advantage of the view and debate can be viewed below. civilised legislation of Switzerland’

One disappointment of the trip was the refusal of the Hong Kong Hospice Association to share a public platform to debate voluntary euthanasia with Dr Nitschke. The Association later issued a statement and a letter to the South China Morn- ing Post: They wrote:

‘We object to the pro- motion of suicide, and we do not support the practice of euthanasia in Hong Kong ... ‘The gravity of euthana- While in Hong Kong, Dr Nitschke was introduced sia far exceeds that of an to Mr Choi Wan-fung who became a quadriplegic individual choice ... 16 years ago after he fell down an escalator. Mr Robert Chua of HLC TV 2. Bob Dent Day Literary Lunch Filling Fast Eighty-something Holocaust survivor, Julia Denes, Venue: Giorgios Restaurant has just lost her husband Gabor, and with him her will to live. Writing from a position outside the Giorgios Restaurant is located at the corner of voluntary euthanasia/ assisted suicide movement, Glenferrie Rd and High St, Armadale. Susan Varga’s new novel Headlong deals with the question of what to do when a person decides a life For our Bob Dent Day Literary Lunch, Giorgrios is is not worth living. That Susan’s offering a 2-course, set menu (in- own elderly mother died by jump- cluding a glass of champagne on ing in front of a train adds a tragic arrival & wine/ beer/ soft drink and intensely personal element to with lunch). The cost is $45 per this story. person (cost price).

To mark Bob Dent Day 2009, To reserve your place, please Exit is extremely pleased to invite phone Lindy Boyd at the Mel- members to a literary lunch where bourne Exit office on 03-9850 Exit Director Dr Philip Nitschke 8192. Payment on the day of the will be ‘in conversation’ with lunch is welcome. Friends and Susan Varga. family welcome. Lunch Program Author Susan Varga 11.30am - Arrival & champagne About Susan Varga 12 noon - Lunch will be served Susan Varga was born in Hungary & came to 12.30 - 1.30pm - ‘In conversation’ Australia as a child. She has an MA in English (Susan Varga & Philip Nitschke) Literature & a law degree & has worked as both a 1.30 - 2pm - Audience Questions/ Discussion teacher & lawyer. Her books include Heddy & Me which won the Christina Stead Award for Biogra- 2pm - Presentation of 2009 Bob Dent Awards phy/ Autobiography. 2.30pm - Close Exit Director takes Exit to Hong Kong (cont p. 2) ‘Requesting euthana- In training to become sia or a wish to hasten a doctor, I pledged death as expressed by to listen and respect patient is more often my patients, not to a quest for attention insist I know better to and relief of pain than them. Clos- and suffering. In ing debate on such many modern socie- an important social ties, various health- issue as end-of-life care services, includ- choice is simply ir- ing palliative/hospice responsible.’ services, are being Debbie Purdy by video link from the UK joins a Honk Kong euthanasia forum with (L provided to relieve to R) Dr Nitschke, Dr. Kwong Kwok Hay (Deputy Medical Superintendent) Mr. Kan From Exit’s perspec- the pain and suffer- Pak Kei (The Samaritan Befrienders), Mr. Wong Sing-chi (Legislative Council Mem- tive visiting Hong ber) Rev. Siu Yu Fat (Kei Yam Alliance Church) Rev. Kwong Wai Heng (Echo Valley ing of the patients ... Evangelistic Association for the Handicaped) with Host: Jack Law (TV Presenter) Kong was valuable We are aware that in as important cross Hong Kong, palliative or hospice services have not cultural issues surrounding end of life choices covered all terminally ill patients. But this should not could be explored and new friendships established. be an excuse to promote euthanasia.’ Dr Nitschke would like to publicly thank his host, The SCMP published a reply from Dr Nitschke on Mr Robert Chua, for his kind invitation and warm Monday 31 August in which he wrote: welcome.

‘I do not encourage euthanasia or physician as- Contact Exit sisted suicide. Rather, through my organisation Exit Exit International International, what I do promote is the need to have a t. 1300 10 3948 (EXIT) (Aus Head Office) debate that involves the community. t. (uk) 02071-931-557 t. (usa) 248-809-4435 How we die affects each and every one of us. Re- t. (oz) 03-9850-8192 spect for human dignity comes from respecting t. (nz) 09 889-0964 individuals’ choices, even if we do not agree with f. (oz) +61 2 9805-9249 those choices ... Denying a rational adult choice is [email protected] inhumane. Insisting that as doctors we know better www.exitinternational.net www.peacefulpill.com amounts to insufferable paternalism. 3. Exit North America Tour Rescheduled for 3 - 14 November 2009 The decision last month by Vancouver City Li- In order to allow due process in working through brary to cancel’s Exit’s public meeting and work- the issues raised by Vancouver Library, the Nth shop booking because of legal concerns has led America tour has been rescheduled for November. to a postponement of this highly anticipated tour. Meanwhile Exit has joined with the British Columbia In an email to Exit on 31 Civil Liberties Association July, Library events coor- to encourage the Library to dinator, Kathleen Barber, reverse its decision. stated: ‘The Library has been advised that Section 241 of the Criminal Code of Canada provides that An update is expected after the Library’s forthcom- it is an indictable offence to counsel, aid or abet ing board meeting on 23 September. any person to commit suicide, whether or not the suicide is committed.’ Revised tour dates are now confirmed as: ‘Based on the Exit International website descrip- Vancouver - 1pm, Tuesday 3 November tion, the workshop appears to involve direct coun- Bellingham - 1pm, Saturday 7 November selling for persons who are seriously ill regarding San Francisco - 11am, Tuesday 10 November methods of committing suicide. As a result the Anaheim - 1pm, Saturday 14 November Library regrets that it is not in a position to honour this room booking given the legal advice it has Venues and booking details are available on the received concerning the planned program.’ Exit homepage at www.exitinternational.net

Tasmanian Parliament Hears Exit Submission in support of McKim VE Bill On Monday 31 August, Dr Philip Nitschke trav- During a long and sometimes heated period of elled from Darwin to Hobart in Tasmania to ap- questioning there was also the opportunity to pear in person before the all-party Parliamentary correct some of the misunderstandings held by Committee tasked some committee with examin- members on the ing Tasmanian practicalities of Greens’ Leader, euthanasia legis- Mr Nick McKim’s lation, and chal- 2009 Dying with lenge assertions Dignity Bill. previously made to the commit- As one of only tee by the CEO two pro-choice of the Australian speakers to attend Christian Lobby, the hearings in Mr Jim Wallace. person, it was an important presen- Material provid- tation. ed by the Aus- tralian & New In the preliminary Zealand College statement made Exit Director Dr Philip Nitchke presenting to the Parliamentary Committee of Psychiatry was to the six members also challenged. of the committee Dr Nitschke stressed the need to look closely at the experience of similar legislation when it was in place in the Northern Territory in Dr Nitschke’s presentation was the last to be taken 1996 - 97. He pointed out that the NT Rights of the by the committee before they finalise their report. Terminally Ill Act had worked well, although there Television accounts and the ABC media report on were areas where definite improvement could be the proceedings can be seen at: made. http://www.abc.net.au/news/stories/2009/09/01/2672792.htm In particular, issues identified in a publication in the ‘Lancet’ by Kissane, Street and Nitschke The transcript of the presentation is available at: “Seven Deaths in Darwin” were addressed. Sug- http://www.parliament.tas.gov.au/Ctee/commdev.htm gestions were made so that the proposed legislation did not fall into these same traps. 4. Exit New Zealand Tour July 09 Exitorial In July, Exit held a successful series of meetings August was an exciting month for Exit as we took and workshops in New Zealand visiting Auckland, our name to Asia for the first time. As guests of Asia Wellington, Nelson and Dunedin. Annual visits to TV pioneer, Robert Chua, I welcomed the opportu- New Zealand have become an important part of nity to spend the best part of a week in Hong Kong Exit activities as we serve the growing Exit mem- where I was able to begin to gauge the level of local bership in that country. interest in the right to die debate. While a fifth workshop was planned for Christch- urch, this needed to be cancelled at the last mo- Despite some health professions refusing to par- ment after the YMCA ticipate in a public debate or join in a community withdrew their venue forum, I found the issues of voluntary euthanasia (despite Exit having and assisted suicide are as pertinent in this part of used their hall during the world as everywhere else where Exit has an es- past visits). tablished presence.

As has been the As in other countries, people are concerned about case with past visits, maintaining their self-control, independence and controversy also sur- dignity in their latter years. Many worry that mod- rounded this trip with a Wellington church ern medicine will keep them alive at all costs, even electing to cancel Ex- against their wishes. Such concerns are not unique its booking the week to Asia. And also common to the West was the of the workshop. St ‘know it all’ mentality of some in the medical profes- Johns session clerk, sion. Paul Ramsay, said church elders had de- Many of the medical professionals I met showed clared the workshop they had little time for the express end of life wishes to be ‘inconsistent with Christ’s teaching.’ of their patients and that medical dominance was alive and well. If these attitudes continue, I have lit- Exit was pleased to relocate the meeting and work- tle doubt that the right to die issue will get to a point shop from St Johns in the City to another church, St Andrews on the Terrace. In contrast to St Johns, where doctors are all but superseded. St Andrews church is well known for its support of controversial issues, such as civil unions and gay As the world’s developed nations are forced to con- law reform. Exit Director, Philip Nitschke, said he front how we age and how we die, the right to die was very grateful to St Andrews stepping in. with dignity debate is only set to grow. Ideas which today may seem radical and even controversial, in Many members of Exit are active Christians. It is 20 or 30 years time will, I believe, raise few eye- unfortunate that while our members see no conflict brows. And the more universal our current concerns in one’s right to end of life self-determination, that about ageing and dying are found to be, the more some church elders view Exit’s provision of infor- powerful will be this new emerging movement de- mation so that informed decisions might be made manding that ALL adults of sound mind have the as un-Christian. In Nelson, Christian protestors sought to turn people away from the Exit meeting right to a peaceful death. with their placards denouncing Exit workshops as dangerous, claiming “Life is a Gift” and that This is why I will continue to fight for this very ba- “Suicide Pills” should not be made available to the sic human right. Whether this means battling the young! church when they stack a Parliamentary Hearing Committee as has happened in Tasmania for the While in New Zealand, Dr Nitschke took the Nick McKim Dying with Dignity Bill or other institu- opportunity to call on the New Zealand govern- tions when they attempt to silence the message by ment to release the contents of a secret blacklist of withdrawing a venue like the Vancouver Library has websites that the Government is looking to ban. done, sooner not later the world will (have to) con- (Similar to the Australian government’s “Clean front the dying question. Feed” initiative.) As this newsletter goes to press, Exit’s Wellington Finally, in closing, this month sees the return to lawyers have obtained documents and have since the Exit Laboratory for the callibration phase of the advised that the NZ scheme is significantly differ- Nembutal Test Kit, Exit will hold our annual Chap- ent from its Australian counterpart in that in NZ, ter Coordinators day with delegates from all states child sex abuse websites are the sole target. In NZ, of Australia and from New Zealand coming to Mel- there will also be an appeal process, something bourne, and scheduling is now taking place for Ex- lacking under the Australian model. it’s last 2009 series of public meetings and workshops in Victoria, NSW and Queensland. Our next planned UK trip is to be announced in the October edition of Deliverance.

5. Oct - Nov 09 Chapter Meetings BUNDABERG: Tuesday, 13 October at 10am, Unit 105/ NEWCASTLE: Monday, 5 October Public Holiday 21 Walters St Contact Ron & Sara on 07-4151-0597. so no formal meeting. - Lunch only at Workers club 12 noon. - Contact Vincent on 02-4945-1916. CAIRNS: Saturday, 3 October at 11am, Cominos House - Contact John on 0427-486-402. NORTHERN RIVERS (BALLINA): Tuesday 27 Oc- tober at 1.30pm, CWA Hall, Ballina – Contact Elaine on CANBERRA: Friday, 13 November at 12.30pm, Griffen 07-5535-1511. Centre – contact 0401-315-631. PERTH: Monday, 12 October at 1pm at Wembley Com- DARWIN - Saturday 17 October at 1.30pm, Casuarina munity Centre, 40 Alexander St, – Contact Carol on Library, 17 Bradshaw Tce, Casuarina - contact 8932-3641 0429-039-167.

FORSTER: Thursday, 29 October at 1pm, Tuncurry SOUTHERN HIGHLANDS: Tuesday, 4 November Bowls Club - Contact Lesley on at 10.30am, Mittagong RSL 02-6554-5942. – Contact Val Butler on 02- 4888-9238. GOLD COAST (NORTH): Tuesday, 10 November at 10am TOOWOOMBA: Thursday, 15 at Community Room, Pacific October at 10.00am in Dr Price Fair Shopping Centre 10 No- Meeting Room – Contact Elaine vember Tuesday – Contact on 07-5535-1151. Elaine on 07-5535-1151. TOWNSVILLE: Wednesday, GOLD COAST (SOUTH): 21 October at 10.00am – Con- Thursday, 19 November at tact Marj on 07-4773-9295. 10.30am in Caddy Room at Coolangatta/ Tweed Hds Golf WELLINGTON: Sunday, 8 Club – Contact Elaine on 07- November at 2pm at the home 5535-1151. of Marina (friends are welcome to attend): 16/23 Tennyson St, MID-NORTH COAST: Te Aro, Wellington. Workshop Monday, 5 October at 2pm, Cav- Sunday 22 November – contact anbah Centre, Harbour Drive, Suzy on 04-566-4893. Coffs Harbour, November meeting is 2nd November – Contact Dr Philip Nitschke at the Darwin Public Meeting & workshop Christa on 02-6656-2699. Photo courtesy Keyframe Media Darwin Meeting Attracts 80+ On Saturday 22 August, Exit held its first public In particular, the Member for Goyder and a politician meeting and workshop for many years in Darwin. widely tipped to be the next leader of the Country Liberal Party, Ms Kezia Purick, wrote: With the meeting room at the Casuarina Library full to capacity, Dr Philip Nitschke gave an energetic ad- “I am sorry I cannot attend as I have a commitment dress to an enthusiastic and appreciative hometown with seniors on that day at about that time. audience. “My view is very simple, it’s my life and I will do As the birthplace of the world’s first Voluntary Eu- with it what I like and if I need help to die for what- thanasia law, Exit made a special effort to invite the ever reason and especially if I am terminally ill and there will be no stopping me or my family. Territory’s 25 politicians along.

“I have no issue with Phillip, and other people who We are pleased to say that one politician - the Mem- support this cause in this area of medicine and care. ber for Katherine Mr Willem Westra van Holthe Please keep me informed on your next event? - attended the public meeting. Others were regretful Regards, Kezia” that they were unable to attend.

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