Editorial

Life is inestimably precious and should be protected – but not at all costs. Many terminally ill people suffer dreadfully, physically and psychologically, as their death draws near. This newspaper believes such people have a right to physician-assisted death, also referred to as voluntary euthanasia, in strictly defined circumstances, including that they are certified to be mentally well when they make their decision. Polls show that as many as four in five Australians support assisted death.

But The Age does not support euthanasia advocate Dr Philip Nitschke, because, through his organisation, Exit International, he aids people who are not terminally ill to die by suicide. We applaud the Medical Board of Australia for suspending Dr Nitschke from practising medicine over his alleged handling of a troubled man who sought advice about how to end his own life. Nigel Brayley, a physically well 44-year-old Perth man who was under investigation for his alleged involvement in the 2011 death of his wife and the 2005 disappearance of his former girlfriend, died in May after taking a fatal overdose of a drug discussed at Exit International forums. Other supporters of assisted death, as well as mental health experts, have also backed the censure of Dr Nitschke.

It would be a shame were opponents of assisted death to seize on DrNitschke’s behaviour as an argument against reforming laws that, inVictoria, make it a criminal offence, carrying a maximum penalty of five years’ jail, to aid or abet death by suicide. As we have repeatedly argued, the issue of physician-assisted death ought to be referred to the Victorian Law Reform Commission, which should formulate prudent proposals that can be then adopted by Parliament. While politicians must be the ones topass legislation, putting the substance of the matter in the hands ofthe commission would help to depoliticise the debate and pave the way for change the community clearly and rightly wants.

At the federal level, draft legislation that would permit strictly controlled voluntary euthanasia has been tabled by Greens senator Richard Di Natale. He has been moved in part to act by the entreaties of a 57-year-old terminally ill Victorian man, Peter Short, who has been campaigning for his right to die at a time of his choosing since being diagnosed in January with oesophageal cancer and told he had between three and nine months to live. We urge all federal parliamentarians tocarefully consider Senator Di Natale’s bill.

Mr Short is dying from the same illness that caused another Victorian man, Steve Guest, to end his own life almost a decade ago with the assistance of Melbourne urological surgeon, Dr Rodney Syme. Dr Syme, who has not been arrested, has recently openly tested the law by stating he helped Mr Guest and a number of other terminally ill people to die. Dr Syme is not seeking the stress of being tried in court, but rather is compelled by compassion. His logic is unimpeachable: there can be a crescendo of suffering as death draws nigh; a doctor’s duty is to relieve suffering; some suffering will only be relieved by death; a doctor’s duty is to respect a patient’s autonomy; some patients rationally and persistently request assistance to die; palliative care cannot relieve all the pain and suffering of dying patients. Simply giving patients the choice can improve their wellbeing – and Dr Syme’s experience shows that many end up not taking the option.

Other nations have passed legislation that allows medicos like Dr Syme to offer peace to terminally ill patients but prevents those like DrNitschke from facilitating the death of people who should instead receive treatment. Australian lawmakers should respect the right of terminally ill people to make informed choices.