PRESS RELEASE
Graeme Wylie Euthanasia Case
Court Sends Strong Warning to Dying
Exit International Director, Dr Philip Nitschke, said today that the jury decision in the trial of Caren Jenning and Shirley Justins for the Murder/ Assisted Suicide of Graeme Wylie showed the risks that partners and friends of those dying can face when they help that person achieve a peaceful death.
Caren Jenning was today found guilty of assisting in the suicide of Graeme Wylie. Wylie’s partner of 18 years, Shirley Justins, pleaded guilty to the charge. Both women were acquitted of the charge of murder.
During the case, the prosecution argued that Wylie has “missed the window of opportunity” as his Alzheimer’s disease progressed, and that those who helped him by providing the euthanasia drug Nembutal from Mexico had carried out murder.
However, the jury dismissed this claim and established that Wylie indeed have “capacity” to rationally decide on his suicide, instead allowing the charge of “aiding and abetting” his suicide to stand. Both women could face up to 10 years in prison for their decision to help Mr Wylie. Caren Jenning’s claim that her provision of Nembutal did not amount to suicide assistance was rejected by the jury.
Dr Nitschke assessed Graeme Wylie on behalf of the Swiss assisted suicide service Dignitas as someone who should receive help to die and watched the trial for its 7 week duration and was twice called as Crown Witness to give evidence. He said “the decision makes clear the risks one runs if one decides to help a loved one to have a peaceful death.”
“At Exit International, we will be advising our members to obtain their own lethal drugs BEFORE they reach the point where help is required. It is clear that if Graeme Wylie had sourced his own Nembutal overseas in the years when he was an international Qantas pilot, his partner Shirley and his best friend Caren, would not have had to go through the ordeal they did and now be facing prison.
“The decision is important in light of attempts to clarify the laws preventing “advice, counselling or assisting” of suicide. The jury has made it clear that even peripheral involvement in such a case can carry significant legal risk. This is particularly important where evidence of dementia exists as anyone acting with compassion and love to help such a person could find themselves even facing murder charges.”
In the UK this week, the High Court was asked to decide whether driving a person to the airport for them to go to Switzerland to obtain lawful help to die is in breach of UK legislation.
Caren Jenning, 75 years, is terminally ill with breast cancer and now faces spending her final days in prison.
Date: June 19, 2008 - Information: Dr Fiona Stewart 0417 398 401 or Dr Philip Nitschke 0407 189 339