http://www.news.com.au/perthnow/story/0,21598,25895902-2761,00.htmlWA Court could rule on Christian Rossiter right to die caseBy Todd Cardy, court reporter with AAP
August 07, 2009 10:45am
A WA Supreme Court ruling on a quadriplegic Perth man's request to stop being tube-fed because he wants to die could be made as soon as next Friday.
Nursing care provider Brightwater Care Group has asked the court if it can legally continue tube-feeding Christian Rossiter, 49, despite his plea for the life support to stop.
In a case that right-to-die advocate Philip Nitschke says is ``very important'' to the campaign for legally assisted suicides, Mr Rossiter, 49, says he's in a ``a living hell’’ because of total paralysis and needs 24-hour care.
Mr Rossiter has asked his northern suburbs nursing home to cease feeding and hydrating him through a tube to his stomach, known as a percutaneous endoscopic gastrostomy (PEG) tube.
Today in an application hearing by the nursing home, Chief Justice Wayne Martin said he would fast track the case in which he saw he had three aspects of law to consider that were on whether:
- It is legal for the nursing home to stop feeding Mr Rossiter;
- Mr Rossiter has the mental capacity to make the decision to deny being tube-feed; and
- Mr Rossiter has been properly informed of the consequences of his decision and the effects of starvation.
Mr Rossiter’s lawyer John Hammond asked the court for the case to be heard at his client’s nursing room beside, saying a written statement could ``sanitise’’ his position and the ``pain and suffering under which he labours would be lost’’.
Mr Hammond said Mr Rossiter's’ tracheotomy tube meant communication was difficult and an audio-visual or telephone conference would not be suitable.
He said Mr Rossiter was a cogent, lucid and intelligent man who understood the consequences of his request and would make the difficult journey to court if needed but a beside hearing would be the best way for his client to be heard.
``When one sits at the bedside of this man it is easy to understand the suffering,’’ Mr Hammond said.
Justice Martin said if satisfactory preparations could be in place, the court could convene at the nursing home but he would need further information before making agreeing.
Justice Martin ordered all parties - including a lawyer who was also at the hearing for the Attorney-General Christian Porter - to submit their arguments to the court early next week.
He also allowed any other relevant interested parties to file an argument on the case.
A hearing was preliminarily listed for 10am next Friday.
Outside court, Mr Hammond told reporters that Mr Rossiter’s wishes remained the same day by day – ``that is he no longer be fed, that he be allowed to die in peace’’.
``He is still contemplating if anyone will take him to Switzerland to be euthanased immediately,’’ he said.
``He no longer wants to live and what I say to people if they are truly compassionate about his position then they would give in to his request.
``This is his decision and his life should be his decision, not anyone else’s.’’
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Warwick Stanley, AAP
August 06, 2009 02:20pm
A NURSING care group has asked the Supreme Court if it can legally tube-feed a quadriplegic Perth man who has asked it to stop because he wants to die.
In a case that right-to-die advocate Philip Nitschke says is ``very important'' to the campaign for legally assisted suicides, Perth man Christian Rossiter has pleaded to end his life. .
The 49-year-old patient at the Brightwater nursing home in Perth's northern suburbs says he's in a ``a living hell'' because of total paralysis and needs 24-hour care.
Speaking through a tracheotomy tube, Mr Rossiter told reporters yesterday that he hopes an application to the WA Supreme Court will result in him being allowed to die.
He has asked the nursing home to cease feeding and hydrating him through a tube to his stomach, known as a percutaneous endoscopic gastrostomy (PEG) tube.
The Brightwater Care Group said today it is asking the court whether it is lawfully feeding Mr Rossiter, in view of his requests to stop.
''(The requests) place Brightwater in a position of conflict between its duty of care and its obligation to respect Mr Rossiter's request, and raises complex issues at law,'' a statement from lawyers acting for the group said.
Mr Rossiter first publicly declared his wish to die in June, and has since had discussions with Dr Nitschke and Perth lawyer John Hammond about possible options for ending for his life.
These may include refusal of food, nutrition and liquids or travelling to Switzerland to undergo legally administered lethal injections.
Mr Rossiter said Australia should adopt Switzerland's euthanasia laws and allow people freedom of choice in their right to live or die.
``I'm hoping the courts won't force them (nursing home staff) to sustain me,'' Mr Rossiter said.
``This is living hell.
``I used to be a cyclist, I used to be a keen walker.
``I bushwalked around the world ... I've rock climbed in Yosemite Valley in California up very steep cliffs.
``I've got a degree in economics and now I can't even read a newspaper, I can't turn the pages.
``I want to have the food withdrawn.''
Mr Hammond, who was by his client's side, said Mr Rossiter's wishes should be respected.
``He wants to die now, not tomorrow, not next week, but he wants to die now and he wants to die without pain,'' Mr Hammond said.
``I think if we are to be civilised in the way we deal with people like Mr Rossiter then his wish should be granted.''
Dr Nitschke congratulated the Brightwater group ``for going down the path of seeking legal advice on this''.
``In the meantime, of course, we've been involved in making sure Chris has got good legal representation, too, so that his rights can be reflected,'' he told Fairfax Radio Network.
But he warned that Mr Rossiter was choosing a difficult path if he decided to fast himself to death.
``I certainly made it clear to Chris that while it has a certain appeal - that one can simply stop eating and drinking - the idea that it's an easy road is far from the truth,'' he said.
Brightwater's lawyers said the care group was taking a neutral stance on Mr Rossiter's wishes.
``Brightwater is not seeking to take a position or making an application to the court that is either in opposition to or endorses Mr Rossiter's request,'' it said.
Brightwater chief executive Dr Penny Flett said it was a complex legal issue and court advice was being sought in order for Mr Rossiter to be provided ``with the best possible care''.