The latest release from Lecretia Seales.I suppose she would have expected attempted intervention from various interested parties but her frustration at their being granted leave, as she runs out of 'quality' time, must be immense.
Interest Groups Intervene in Seales “Right To Die” Case
Friday, 24 April 2015, 6:30 pm
Press Release: Lecretia Seales
Media Release
Lecretia Seales
Friday, April 24,
2015
For Immediate Release
Interest Groups
Successfully Intervene in Seales “Right To Die” Case
Under Strict Conditions
The Human Rights
Commission, the Voluntary Euthanasia Society of New Zealand
and the Care Alliance have been granted leave to intervene
on a limited basis in the upcoming case of terminally ill
42-year-old New Zealand lawyer Lecretia Seales, who has
petitioned the High Court to uphold her right to die at a
time of her choosing with the assistance of a physician.
Their intervention will give them the right to present
additional evidence to the court, under strict
conditions.
The news comes as Lecretia Seales is informed
by her oncologist today that her latest course of
chemotherapy will not be continued, as it has not been
successful. Ms Seales survival expectations have been
revised and notwithstanding overseas treatment options she
is entering a phase of symptom management and palliative
care.
Justice Collins announced his decision via written
judgment in Wellington today, stating that:
“I am granting applications made by Care
Alliance, The Voluntary Euthanasia Society of New Zealand
(Incorporated) (Voluntary Euthanasia) and the Human Rights
Commission for leave to intervene in this proceeding. In
order to ensure Ms Seales is not unnecessarily burdened by
the participation of the interveners, I am placing stringent
conditions on the interveners’ participation in this
proceeding. I am exercising my discretion to grant the
applications primarily because I am satisfied that I may be
assisted by the conditional participation of the interveners
in reaching my decision in relation to Ms Seales’
application for declarations.”
He also
stated:
“The declarations Ms Seales
seeks are cast very precisely and are not intended to have a
wide application. Nevertheless, the issue of whether or not
a person in Ms Seales’ circumstances can be assisted to
end her life, or have her health professional deliberately
hasten her death raises significant legal and ethical issues
that are of intense public importance.”
The
conditions are designed to ensure that the interveners'
participation does not cause delay. The interveners are
restricted to tight timeframes and must submit their
evidence on specific areas which Justice Collins has
identified, and within the next two weeks. The interveners
will not be permitted to cross-examine any witnesses, and
will only be able to make oral submissions at the discretion
of the judge, at the time of the hearing. Each intervener is
also restricted to written submissions of no more than 6,000
words.
The trial date remains set for the week of May
25th.
Lecretia Seales’ historic case follows a Canadian
Supreme Court decision released in February this year in
which nine judges unanimously found that Canada’s
prohibition against physician assisted dying infringes
fundamental human rights. The judgment
stated:
The prohibition denies people in this
situation the right to make decisions concerning their
bodily integrity and medical care.
The New
Zealand case comes as a poll was released last week by
Research New Zealand showing that 74% of New Zealanders
support a law change allowing terminally ill patients in
intolerable suffering to request assistance from doctors to
end their lives. The poll was conducted over March and
April 2015 and has a margin of error of +/- 4.9%.
Seales
says: “I am concerned that the applicants were successful,
but pleased with the restrictions. My time is limited, and
additional legal counsel and evidence that is not relevant
to my circumstances risk lengthening my hearing, and the
risk that I will not be alive to receive a judgment. I
believe that the applicants have a right to share their
points of view, but I would prefer they did not do so as
part of my hearing. Nevertheless, I believe Justice
Collins’ judgment is a fair one.”
“I absolutely
intend to encourage a conversation about euthanasia and
assisted death within New Zealand, however the courtroom is
not the place for that wider debate. This case is about my
circumstances and my circumstances only. The debate should
be held across the road from the High Court, at the House of
Parliament in the debating chamber, by our politicians,
where all affected parties can be represented and have their
views heard.”
“I am seeking a clarification of the law
in my circumstances. On this issue my lawyers and I believe
the law is unclear.”
“Should my case encourage a
parliamentary review of the relevant sections of the Crimes
Act or the Bill of Rights, there will be time for all
interested parties, including the interveners, to be heard
in full as part of the legislative process. I would welcome
such a review as I believe this is a choice that should be
made available to all New Zealanders who are suffering from
painful, incurable illnesses, without needing to follow my
example of going through the courts. And as a recent poll
has shown, the public overwhelmingly agrees.”
Seales and
her husband are documenting her case and her illness on her
blog and Facebook page.
http://facebook.com/lecretiaschoicehttp://lecretia.org
For health
reasons, Ms Seales is not available for interviews with the
media at this
time.
Ends
Related:
High Court
“Right To Die” Case Commences, March 21, 2015
http://lecretia.org/press-releases/high-court-right-to-die-case-commences/