Sol Invictus
08-16-2009, 02:29 AM
BigPondNews (http://bigpondnews.com/articles/TopStories/2009/08/14/Quadriplegic_wins_right_to_be_starved_362533.html)
August 14, 2009
A landmark court decision has found a Perth nursing home should follow the wishes of a quadriplegic man who wants to die and stop feeding him.
In the West Australian Supreme Court, Chief Justice Wayne Martin said the Brightwater Care Group would not be criminally responsible by ceasing nutrition and hydration through a tube to the stomach of Christian Rossiter, a 49-year-old in their care.
Chief Justice Martin also said any person providing palliative care to Mr Rossiter would not be criminally responsible.
He said it was clear Mr Rossiter had the right to direct his treatment and nutrition and hydration 'should not be administered against his wishes.'
Mr Rossiter, aided by a nurse, was in the WA Supreme Court in a specially fitted reclining wheelchair on Friday.
He told the court he was of sound mind and that he wanted to die in WA.
The Brightwater Care Group, which owns the Perth nursing home where he resides, had asked the court to rule on whether it could legally feed Mr Rossiter despite his express wishes for it to stop.
In a statement read to the court by lawyer Linda Black, Mr Rossiter said: 'I am unable to undertake any basic human functions.
'I am unable to blow my nose. I'm unable to wipe the tears from my eyes.'
A lawyer for the Brightwater group had said it did not have a particular view on the matter but did not want to break the law by denying him food.
August 14, 2009
A landmark court decision has found a Perth nursing home should follow the wishes of a quadriplegic man who wants to die and stop feeding him.
In the West Australian Supreme Court, Chief Justice Wayne Martin said the Brightwater Care Group would not be criminally responsible by ceasing nutrition and hydration through a tube to the stomach of Christian Rossiter, a 49-year-old in their care.
Chief Justice Martin also said any person providing palliative care to Mr Rossiter would not be criminally responsible.
He said it was clear Mr Rossiter had the right to direct his treatment and nutrition and hydration 'should not be administered against his wishes.'
Mr Rossiter, aided by a nurse, was in the WA Supreme Court in a specially fitted reclining wheelchair on Friday.
He told the court he was of sound mind and that he wanted to die in WA.
The Brightwater Care Group, which owns the Perth nursing home where he resides, had asked the court to rule on whether it could legally feed Mr Rossiter despite his express wishes for it to stop.
In a statement read to the court by lawyer Linda Black, Mr Rossiter said: 'I am unable to undertake any basic human functions.
'I am unable to blow my nose. I'm unable to wipe the tears from my eyes.'
A lawyer for the Brightwater group had said it did not have a particular view on the matter but did not want to break the law by denying him food.