July 6, 2015
NT Supreme Court Finds Medical Board Decision Unlawful
NT Supreme Court Finds Medical Board Decision Unlawful
The Supreme Court of the Northern Territory has found that there was no evidence for the Medical Board of South Australia and the Medical Tribunal of the Northern Territory to argue that Dr Nitschke posed ‘a serious risk to persons’ for which it was ‘necessary to take immediate action to protect public health or safety’.
As such the Tribunal’s decision was unlawful.
Secondly, the judgment states that as a result of this lack of evidence, the Tribunal misconstrued the Code of Practice.
Thirdly, the Supreme Court found that the Tribunal denied procedural justice to Dr Nitschke in that it failed to give him ‘adequate opportunity to respond’.
The folder revealing extensive academic literature on rational suicide which attempted to be tendered by Dr Nitschke’s barrister, the late Mr Peter Nugent – himself suffering from Stage 4 Bowel Cancer – was refused by the Tribunal.
Speaking from London where is he is preparing his Edinburgh comedy debut – ‘Dicing with Dr Death’ – Dr Nitschke said it was ‘a good day for the rule of law in Australia. The law and common sense have prevailed’.
‘To date, the suspension of my medical registration has been characterized by politics and innuendo. Opponents of voluntary euthanasia have attempted to cause harm to my reputation and to damage the movement’ he said.
‘Today, the Court has tossed out the Medical Board’s political persecution of me’.
‘Given today’s judgment I have no faith in the bodies that are supposed to govern the medical profession and will now be considering my position for the next 12 complaints the Medical Board are seeking to bring against me.’
Dr Nitschke has no immediate plans to pay his medical registration fees as he said he has ‘no need to be a registered doctor in order to be a comedian or run his pro-voluntary euthanasia organization Exit International’.
END———
6 July 2015
Philip Nitschke +44 7883 509 765
+61 407 189 339