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Brightwater Care group had sought clarification from the court as to whether it could legally keep providing Mr Rossiter with nutrition and hydration through a tube when he had expressly asked that they stop.
Brightwater had asked Chief Justice Wayne Martin for a declaration of relief on the matter and on whether it could face criminal prosecution if it complied with Mr Rossiter's request despite its duty of care to him.
But Justice Martin today ruled the common law was clear that it was up to Mr Rossiter to decide whether to continue receiving medical treatment, in this case food through the tube, and his carers were obliged to comply.
He said the carers would not be held criminally responsible for doing so nor for providing Mr Rossiter with pain killers after he stopped eating.
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.
Chief Justice Martin said he wanted medical practitioners to fully inform Mr Rossiter of the consequences of ceasing nutrition and hydration through a tube to his stomach.
He said Mr Rossiter was not a child nor was he terminally ill or dying but he had the capacity to make and informed decision to discontinue his treatment.
But there was some doubt Mr Rossiter had been given full information about the consequences of starving to death.
Outside the court euthanasia campaigner Philip Nitschke welcomed the decision as did Mr Rossiter's lawyer John Hammond. [rc]
- with AAP
Copyright 2009 News Limited
August 14, 2009
AUSTRALIA: Quadriplegic Christian Rossiter wins right to starve to death
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SYDNEY, NSW / The Australian / News / August 14, 2009
By Nicolas Perpitch
PERTH quadriplegic Christian Rossiter, 49, can now opt to starve himself to death after the Supreme Court declared his carers must comply with his request to stop feeding him.
Mr Rossiter, has described his life as a living hell and told the court he cannot function independently, lives in pain and wants to die.
Watch video
Brightwater Care group had sought clarification from the court as to whether it could legally keep providing Mr Rossiter with nutrition and hydration through a tube when he had expressly asked that they stop.
Brightwater had asked Chief Justice Wayne Martin for a declaration of relief on the matter and on whether it could face criminal prosecution if it complied with Mr Rossiter's request despite its duty of care to him.
But Justice Martin today ruled the common law was clear that it was up to Mr Rossiter to decide whether to continue receiving medical treatment, in this case food through the tube, and his carers were obliged to comply.
He said the carers would not be held criminally responsible for doing so nor for providing Mr Rossiter with pain killers after he stopped eating.
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.
Chief Justice Martin said he wanted medical practitioners to fully inform Mr Rossiter of the consequences of ceasing nutrition and hydration through a tube to his stomach.
He said Mr Rossiter was not a child nor was he terminally ill or dying but he had the capacity to make and informed decision to discontinue his treatment.
But there was some doubt Mr Rossiter had been given full information about the consequences of starving to death.
Outside the court euthanasia campaigner Philip Nitschke welcomed the decision as did Mr Rossiter's lawyer John Hammond. [rc]
- with AAP
Copyright 2009 News Limited
Watch video
Brightwater Care group had sought clarification from the court as to whether it could legally keep providing Mr Rossiter with nutrition and hydration through a tube when he had expressly asked that they stop.
Brightwater had asked Chief Justice Wayne Martin for a declaration of relief on the matter and on whether it could face criminal prosecution if it complied with Mr Rossiter's request despite its duty of care to him.
But Justice Martin today ruled the common law was clear that it was up to Mr Rossiter to decide whether to continue receiving medical treatment, in this case food through the tube, and his carers were obliged to comply.
He said the carers would not be held criminally responsible for doing so nor for providing Mr Rossiter with pain killers after he stopped eating.
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.
Chief Justice Martin said he wanted medical practitioners to fully inform Mr Rossiter of the consequences of ceasing nutrition and hydration through a tube to his stomach.
He said Mr Rossiter was not a child nor was he terminally ill or dying but he had the capacity to make and informed decision to discontinue his treatment.
But there was some doubt Mr Rossiter had been given full information about the consequences of starving to death.
Outside the court euthanasia campaigner Philip Nitschke welcomed the decision as did Mr Rossiter's lawyer John Hammond. [rc]
- with AAP
Copyright 2009 News Limited
