A High Court judge has rejected Wellington woman Lecretia Seales’ fight to die on her terms.
The Wellington woman died on Friday morning, aged 42, before the judgement was publicly released. A statement on behalf of her family said she died at 12.35 this morning, of natural causes.
Lecretia Seales Photo: Supplied
Ms Seales’ family learned of Justice Collins’ decision late yesterday afternoon; Ms Seales died about eight hours later but it was not known whether she was aware of it.
The lawyer had argued in the High Court in Wellington it would not be an offence under the Crimes Act for her doctor to be able to help her die, and that a ban on assisted dying contravened her human rights under the Bill of Rights Act.
But Justice Collins today rejected that.
“I am unable to issue any of the declarations sought by Ms Seales,” he said in his finding.
The complex legal, philosophical, moral and clinical issues raised by Ms Seales’ proceedings can only be addressed by Parliament
“Although Ms Seales has not obtained the outcomes she sought, she has selflessly provided a forum to clarify important aspects of New Zealand law.
“The complex legal, philosophical, moral and clinical issues raised by Ms Seales’ proceedings can only be addressed by Parliament passing legislation to amend the effect of the Crimes Act.”
Ms Seales was diagnosed with brain cancer in 2011. It had left her paralysed down one side and rapidly losing her sight by the time her case was heard in the High Court from 25-27 May; days later she was fully paralysed.
Solicitor-General Michael Heron, QC, argued in court that New Zealand’s constitution meant such changes had to be made through Parliament rather than through a court; Parliament had considered euthanasia three times in recent years and each time rejected a law change enabling it.
But Ms Seales’ lead lawyer Dr Andrew Butler said sometimes ethics drove the law and sometimes the law drove ethics.
He said it would be wrong to leave the issue to Parliament to deal with.
“You cannot allow the Crown to come along and say ‘leave it to Parliament to have a debate about it’ when there’s no prospect of such a debate occurring and there has never even been select committee hearings on the topic,” Dr Butler told the court.
Lecretia Seales' husband Matt Vickers at the High Court in Wellington. Photo: RNZ / Alexander Robertson
Both Labour and National MPs are talking about moving forward with action on assisted suicide, stuff.co.nz reports.
Labour MP Iain Lees-Galloway on Friday said Seales’ personal sacrifice could be honoured by Parliament now looking seriously at the issue of euthanasia, it reports.
“I thought Lecretia was incredibly brave and the fact that she continued her fight literally right up to the end was amazing – her family should be incredibly proud of her, and I really hope that the effort that she put in makes a difference.”
Speaking on the Paul Henry Show, National MP Judith Collins said Parliament would have to start thinking about the issue, but previous legislation had been “short and sharp”. “We’d hate to see people pushed into agreeing to euthanasia, and that’s always been the big issue for us.”
A former Law Commission colleague, Cate Brett, said Ms Seales died with her husband and parents beside her.
“Last night about 11.30 Lecretia started having trouble with her breathing so the family called the district nurses to come in and assist and they were actually en route to Lecretia’s home when she ceased being able to draw breath at about 12.35 this morning.”
In a tribute on her blog, Lecretia’s Choice, former Prime Minister Geoffrey Palmer wrote “Lecretia became not only my professional colleague but also my friend. I recall Matt and Lecretia visited us in Nelson and said they were going to get married. What a wonderful couple. A little much wine was drunk that night.
“Lecretia has got to be one of finest human beings I have ever met. When her sickness struck she bore it with a fortitude and steadfastness that was amazing. Her idea to turn her experience into a law reform project was typical of her. What a brilliant idea. She always thinks of others first. She never complains. I salute her.”