SAVES is not affiliated with Exit International / Dr Philip Nitschke and opposes the public availability of a 'peaceful pill'.

Lesley Martin Trial

Lesley Martin has been sentenced to fifteen months imprisonment for the murder of her mother, Joy Martin, in 1999. A police investigation followed her death but no arrest was made until Lesley published her book 'To Die Like a Dog', in which she described administering morphine to her mother who was dying from rectal cancer.

Ms Martin has elected to carry out her sentence in Arohata Women's Prison rather than under home detention, claiming that she 'would not make her home a prison'.

Martin's lawyer Donald Stevens QC announced his intention to lodge appeals against conviction and sentence. Justice Wild rejected Dr Steven's application for a discharge without conviction, or conviction and discharge without further penalty. Paul Stannard of Exit NZ, the voluntary euthanasia group Lesley Martin helped form, said he was disappointed at the outcome. 'The polls have been signalling for a long time that there is strong support for voluntary euthanasia.'

The politicians have got to vote money for palliative care and they have got to get around to having a serious debate about voluntary euthanasia'.

SAVES has written to Lesley wishing her success in her appeal.

The March 2004 VE Bulletin reported on the case of Terri Schiavo. An update follows:

Pinellas Circuit Court Judge Douglas Baird has ruled unconstitutional the hastily passed law that allowed Florida Governor Jeb Bush and legislators to intervene in the court proceedings of Terri Schiavo to keep the severely brain damaged woman alive. Judge Baird said the measure known as "Terri's Law" would be unconstitutional no matter how it was applied, because it "delegated legislative power to the governor and allowed him to deprive Floridians of their right to privacy in making medical decisions."

"There can be no question that every 'patient' who conceivably falls within the terms of the Act possesses a constitutionally guaranteed right to privacy of his or her personal medical decisions". The Act, in every instance ignores the existence of this right and authorizes the governor to act according to his personal discretion."

An immediate appeal by the governor serves to stop Ms Schiavo's husband from seeking another court order to remove his wife's feeding tube to allow her to die. Ms Schiavo was 26 years of age when she collapsed from a suspected potassium imbalance and went into cardiac arrest more than 14 years ago. She suffered extensive brain damage and has since been kept alive by a feeding tube.

Based on an article in the Brisbane Herald May 7th 2004 by Maya Bell, in Orlando

Switzerland changes policy on assisted suicide

The Swiss Academy of Medical Sciences has advised doctors they can help terminally-ill patients die under strict conditions. This represents a policy change from a position opposing assisted suicide. The academy, comprising doctors, carers and legal workers, said the Swiss authorities should respect the decisions of doctors who supply lethal drugs to terminally-ill patients. It stressed however that it did not support active euthanasia. The academy's recommendations will now be reviewed by doctors, and a final set of directives drawn up later this year. This should ease the concerns of some doctors who have been convinced they are acting in the best interests of their patient but have been lacking official support. However strict conditions must be met before such an action is taken:

• the patient must be able to make a considered decision and not be influenced by others
• the doctor must advise the patient of all available treatments
• the patient must administer the lethal drugs themselves
• the doctor must be certain that the patient is close to dying

Dick Marty, a Swiss parliamentarian who has called for a debate on euthanasia in the Council of Europe stated "these draft directives do not diminish the value of life, in fact they do the opposite. They stress the importance of a patient's wishes."

Based on 'Medical body breaks euthanasia taboo' From: Swissinfo.org, CH 5th Feb 2004 Britain

A woman who has been living with multiple sclerosis for the last 30 years has drawn up an advance directive demanding that her carers do not intervene to save her when she soon succumbs to the choking which often occurs in the advanced stages of her illness. The issue has caused great controversy but is another reminder of the desperation faced by some people suffering greatly from a hopeless illness.

The woman, known as Mrs C, sees the advance directive, recognised by the courts, as the only legal alternative to voluntary euthanasia, and wants to 'grab the opportunity to die'. The agreement to honour the woman's wishes was made after threats of legal action against the Durham County Council and sets a precedent which may need to be followed by other authorities. Mrs C claims that 'if assisted suicide were legal, and someone was allowed to help me die, then I would prefer to live for as long as bearable. At the moment, however, there is no such merciful law. I feel I have to take what opportunity I can to escape the last part of the disease'. Mrs C recognises the difficulty in facing such a death.

While distressing, this case also confirms that, together with doctors and nurses, social workers and personal carers are bound by advance directives.

Based on an article 'Council grants MS sufferer right to choke to death' by Sarah-Kate Templeton, The Sunday Times May 24th 2004

A proposed law initiated by Health Minister Dani Naveh states doctors may refrain from providing treatment to dying patients without breaking the law. The Ministerial Committee of Legislative Affairs has approved the proposed bill titled "The patient is about to die".

According to the proposal, which will be submitted to the Knesset for approval, "passive" euthanasia will be allowed, meaning doctors could refrain from providing treatment to the dying patient without breaking the law. If the Knesset approves the bill terminally ill patients could grant a close friend or relative the power of attorney to end their lives, should their condition deteriorate. In cases where the patient's desire is unclear, it would be brought before a special ethics committee for a decision.

Naveh effectively adopted the recommendations of a public committee headed by Professor Avraham Steinberg. According to the proposed bill, "active" euthanasia would be forbidden. However it allows a person to notify in advance how they would like to be treated when diagnosed with a terminal disease. The bill states that "a person about to die" is someone who is suffering from a terminal disease and will not live more than six months.