Quadriplegic wins right to die

14 August 2009 | 03:32:16 PM | Source: AFP

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The nursing home which cares for quadriplegic Christian Rossiter have been told it can not feed or hydrate the Perth man against his wishes (AAP)

An Australian court on Friday ruled that a quadriplegic man who has begged to be allowed to die has the right to order his carers to stop feeding him.
  
In a landmark decision, Western Australia's chief judge Wayne Martin said the Brightwater Care Group would not be criminally responsible if it stopped feeding and hydrating severely paralysed Christian Rossiter, 49.
  
Martin said Rossiter had the right to direct his own treatment, and that food and water "should not be administered against his wishes".
  
The ruling sets a legal precedent in Australia, where assisting someone to take their own life is a crime punishable by life in prison in some states.

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'Informed decision'
  
The judge found Rossiter was not terminally ill or dying and had the mental capacity to make an informed decision about stopping his treatment.
  
Martin ordered that medical staff fully explain to Rossiter the consequences of ceasing nutrition and hydration through a tube into his stomach.
  
In a statement read to the court Friday, the former stockbroker and outdoor adventurer said he was unable to undertake the most basic of human functions.
  
"I am unable to blow my nose," he said. "I am unable to wipe the tears from my eyes."
  
He made a public plea last week to be allowed to end his suffering, which he described as a "living hell".
  
"I'm Christian Rossiter and I'd like to die. I am a prisoner in my own body. I can't move," he told reporters.
  
"I have no fear of death -- just pain. I only fear pain."

Separate accidents
  
Rossiter developed spastic quadriplegia after separate accidents in which he fell 30 metres (100 feet) from a building and was then hit by a car whilst riding his bicycle.
  
"I believe (quadriplegics) should be allowed to exercise their freedom of choice but my choice is to die," he said.
  
"I can't wipe my own bottom. I'm fed suppositories every three days to induce me to open my bowels and it's a very painful process that can take six to eight hours," he added.
  
Brightwater, the group that runs the nursing home where Rossiter lives,  sought a court ruling on whether ceasing to feed him would place it in breach of its duty of care, and said it held no position on his wish to die.

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Your Comments

24 Aug 2011 7:57 AEST

Alyssa J. McAlpin

From: Albuquerque,NM USA

wow!

this is a sad story , but the man has his own rights of what to do with the rest of his life , as we all do in this world! i think in some ways he's making a right choice bout ending his life, but its sad too . i wouldnt want to be like that for the rest of my life either!! i just hope n pray that he knws where he is going !! may god protect him always !!

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18 Aug 2009 5:10 AEST

Howard Kyle

From: Timmins Ontario Canada

Quadriplegic Consumer

I AGREE with Christian Rossiter.
I am so lucky to have the use of my left arm due the successful operation and placing steel rods holding my humerus bone together.
Having the us of that gives me the right enough independence to feel my life has any value at all.
Cheers Christian!

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15 Aug 2009 20:01 AEST

Omar

From: Brisbane

rights

Our society is clearly in a parlous state when we need to resort to the courts just to exercise our most basic freedoms.
This case shows the ridiculous end result of allowing religious involvement in the legal and moral standards of society.

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14 Aug 2009 23:00 AEST

Dom

From: Melbourne

Glad he has some choice!

It is the natural human condition to be obsessed with survival, but it becomes unethical when one imposes anthers belief of survival onto another, who may not wish to survive.
He should be given the right to die if he so chooses, however he should also be given the option to die quickly and painlessly if he so chooses.
Sensible and practical options should be made available without him having to suffer even more.
Give him the honour and dignity that he deserves.

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14 Aug 2009 17:58 AEST

Isack Jacob

From: Canning Vale, Perth

Quadriplegic wins right to die

I understand this man's plight & feel sad about the issue but advising that he not be fed which eventually will lead to his death is cruel & unbearable.

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14 Aug 2009 17:55 AEST

GG5

From: East Freo WA

Christian Rossiter

It's appalling that Christian has had to go to these lengths to have 'rights over his own body'. My thoughts and prayers are with him. Bless him.

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