November 13, 2014
Euthanasia campaigner Philip Nitschke opens appeal against Medical Board over registration
It seemed fitting that euthanasia campaigner Philip Nitschke should be fighting for his medical licence and his professional reputation in the town where he first shot to world attention.
On Monday in Darwin, Mr Nitschke began his appeal in the Northern Territory Civil and Administrative Tribunal against the decision by the Medical Board of Australia to suspend his registration after he admitted supporting a 45-year-old Perth man’s decision to commit suicide.
The case was not about voluntary euthanasia nor rational suicide but “a very precisely focused interim hearing into Mr Nitschke’s conduct into the death of a man”, Ms Lisa Chapman SC for the Medical Board of Australia told the hearing.
In emails between Mr Nitschke and Mr Brayley, Mr Nitschke chose to be registered as a doctor, Ms Chapman said.
“If he hadn’t, the board would have no jurisdiction [to suspend his licence].”
Ms Chapman said the emails contained very specific information about various ways to commit suicide.
“The gas flow, where to buy the cylinders from. How to take the peaceful pill.
“He obtained scant information about Mr Brayley before he died.”
Before Monday’s hearing, Mr Nitschke’s barrister Peter Nugent told Fairfax the appeal as “the trial of a dangerous idea”.
“It is a controversial subject,” he said. “Mr Nitschke is a controversial figure.
“The views which he holds are not abhorrent, they’re not out there, they are not even out of step with mainstream Australia’s view.”
On Monday afternoon the board conceded Mr Nitschke was not in a doctor/patient relationship with Mr Brayley.
Fairfax understands that the board will argue it was forced to use its emergency powers to protect vulnerable suicidal people from Mr Nitschke and his “dangerous ideas”. More seriously, the board is expected to tell the five-member panel, it had to act because Mr Nitschke possessed the means to transform these ideas into action.
The hearing is set down for five days. It is understood the board’s lawyers will say that Mr Nitschke’s euthanasia book, The Peaceful Pill Handbook, is a practical guide to different methods of suicide, and while banned in Australia it is freely available through the internet.
Further, it is believed the board will argue that Mr Nitschke updates e-book subscribers of overseas suppliers of the illegal drug Nembutal, and through his workshops advises people on end-of-life drugs.
Mr Nitschke told Fairfax the opportunity for people to choose to end their life needed to be “enshrined as an option”.
“Individuals in a society must have the ability to make decisions over their own lives. Life is a precious gift and so we need to be able to fight for that option.”
The hearing continues.