Chief Justice Wayne Martin has ruled that quadriplegic Christian Rossiter should be allowed to die by refusing food and fluid from his carers.
Mr Martin also ruled that Brightwater Nursing Home, where Mr Rossiter lives, has no legal right to continue feeding him through a tube inserted into his stomach if it is against his wishes.
In making his decision, the Chief Justice described the tragedy of Mr Rossiter’s circumstances, but said he could only make a dispassionate decision based on WA law.
He said Mr Rossiter’s case was not about euthanasia or the right to life or death, it was about his right to refuse medical intervention as an adult of sound mind.
He ruled that Brightwater must provide Mr Rossiter with full information about the ramifications of starving himself to death.
He said that if the nursing home continued to feed him against his will it would constitute trespassing against a person.
Mr Martin said Brightwater would not be held criminally responsible if it administered palliative care, provided it did nothing to hasten Mr Rossiter's death.
In a highly unusual move, the Chief Justice did not deliver his decision from the bench. When he re-entered the court, he moved through the public gallery and sat near Mr Rossiter to ensure he could hear the decision.
Speaking outside court, Mr Rossiter's lawyer, John Hammond, said that Mr Rossiter was very happy with the decision. He said it affirms every individual's right to decide whether or not they receive medical treatment.
He said the decision would give some comfort to medical practitioners.
"Mr Rossiter is very, very happy with the decision. It has been an ordeal for him and he has been incredibly brave," Mr Hammond said.
Brightwater chief executive Penny Flette said it had gone to court to seek clarification on its legal position. "Our primary concern has always been for Mr Rossiter's care and comfort," she said outside court.
Mr Rossiter, who had been planning to travel to Switzerland where assisted euthanasia is legal, told the court earlier that that was becoming less likely.Before retiring to make his decision, Mr Martin asked lawyers representing Mr Rossiter, the nursing home where he lives and the Attorney General to consider the suitable wording that would comply with Mr Rossiter’s wish.Brightwater nursing home has asked whether it would be breaking the law by continuing to feed him against his wishes.Earlier today, Mr Rossiter, who is fighting for the right to die on his own terms, told the Supreme Court he has no chance of rehabilitation and requires 24-hour care.The 49-year-old, who appeared in court today after Brightwater Care Group declined to allow a bedside hearing at his nursing home, asked that the court grant his wish to refuse food and fluid.He asked that the tube which keeps him alive be left inserted into his stomach to enable soluble pain killers to be administered.He also asked that when he gets close to dying enough painkiller is administered to make him drowsy.Brightwater seeking a judgment from Chief Justice Wayne Martin on whether staff can keep feeding Mr Rossiter through a tube, despite his demands that they stop.Mr Rossiter, who has suffered spinal injuries since 1988 and developed quadriplegia, looked at flying to Switzerland where voluntary euthanasia is legal, but his family refused to support him.FULL COVERAGE: Quadriplegic's bid to die
