The VE Bulletin Excerpts
'No price is too high to pay for
the privilege of owning yourself' Rudyard Kipling
Vol 18: No 1 March 2001
Murder charges reinstated in
WA
Prosecutors have revived charges against Dr Daryl Stephens, despite
a magistrate ruling in November that there was insufficient evidence to
proceed to trial. The Perth surgeon is now to stand trial over the death
of a terminally ill cancer patient Ms Freeda Hayes.
WA's Director of Public Prosecutions, Robert Cock QC, has reinstated
the wilful murder charge, but in an unusual move, the indictment will also
include the alternative charge of aiding a suicide.
Ms Hayes brother, William Warren Hayes, and sister, Lena Dorothy Vinson,
will also be indicted in the Supreme Court after also being discharged
at the preliminary hearing. It is unusual to have a murder case involving
an alternative charge with completely different facts.
A lawyer, who cannot be identified for ethical reasons, claims that
'The prosecution has to present its evidence and prove its case beyond
reasonable doubt. If they believe it's a wilful murder, they should fight
it as a wilful murder. Why the sudden change?' (1)
Whatever the verdicts it is probable that they will be interpreted as community
judgements for or against voluntary euthanasia. (2)
Wilful murder carries a mandatory life sentence with a minimum of 15
years. Aiding a suicide has a maximum of life imprisonment but may attract
any lesser sentence. Dr Stephens, Mr Hayes and Ms Vinson will attend their
first Supreme Court appearance in February or March this year.
Reference:
(1) Gibson R. 'Murder Charges revived"
West Australian,
12Jan 01
(2) 'Cases put law under scrutiny'
Comment,
West
Australian, 13 Jan 01
13 March 2001
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