November 18, 2014

Nembutal Patient Investigated by AHPRA

Flynn Murphy, The Medical Observer

THE sister of a motor neurone disease patient who took her own life says she was targeted by AHPRA investigators [led by Brett Judd who also goes by the assumed name of ‘Franklin Lebrowski’] who rummaged through her personal effects and recorded an interview with her without permission.

Janine Wilson, 58-year-old sister of the late Wendy Benton, who died after taking Nembutal in 2011, says the officers rifled through her underwear and recorded her without permission in a fruitless search for her deceased sister’s laptop.

“It was like being burgled while I watched,” Ms Wilson told MO last week. She said two AHPRA investigators had turned up at her home in Victor Harbour, South Australia, on 30 October without notice and questioned her for almost half an hour before revealing the interview was being recorded.

She said despite her explanations that Ms Benton’s laptop had been wiped and given to a relative after her death, the investigators had then told her they had to search the house. Ms Wilson said she did not request to view a search warrant because she believed she had no choice but to accede.

Ms Wilson said they had revealed the conversation was being recorded after asking her about Ms Benton’s connections to Dr Philip Nitschke.

They had asked her whether “Philip came to say goodbye [to Ms Benton]”, and whether “Nembutal comes with instructions”.

It was only then that AHPRA investigator, Brett Judd, mentioned they had been recording the conversation, Ms Wilson said.

“I honestly thought he was joking,” she said.

Under SA law, a person must not intentionally record a conversation, whether or not they are a party to the conversation, without express or implied consent of all parties. But the National Law legislation grants AHPRA investigators wide-ranging powers and those who refuse to cooperate can be fined up to $5000.

Ms Benton’s death is the subject of two of 12 allegations of professional misconduct by Dr Nitschke to be referred to the NT Health Professional Review Tribunal by the Medical Board of Australia

The suspended Dr Nitschke, who said he had spent about $150,000 appealing against his suspension, told MO: “They’ve been exhuming bodies of the terminally ill I’d been involved with, poring over the entrails.”

AHPRA said in an email to MO: “AHPRA and the board have a range of powers under the National Law to gather information needed in investigations… We use our information-gathering powers sparingly, judiciously and within legal requirements at all times.”

Ms Wilson said she had felt “conned”. “I had a big cry after,” she said.