X-Message-Number: 6436
Date: Wed, 03 Jul 1996 17:25:59 -0700
From: David Brandt-Erichsen <>
Subject: Australia update

The full bench of the Northern Territory Supreme Court finished hearing the
defense case on Tuesday afternoon July 2, and has announced that they would
issue their judgement "shortly," perhaps by the end of the week or early
next week.  Most observers believe the judgement will be in favour of the
Act, apparently including Dr. Wake (who was bringing the action against the
Act).

The condition of terminal patient Max Bell is deteriorating rapidly and he
may not live long enough to take advantage of the law if it is upheld.  Max
had journeyed by car across 3,000 kilometers of isolated Australian outback,
while in an advanced state of cancer, to reach the Northern Territory.   

Meanwhile, the other physician specialists, one of whom would need to sign
the certificate confirming Max's diagnosis as terminal, are holding off on
commiting themselves until the court outcome is known.  Dr. Nitschke is
having  difficulty getting a local psychiatrist for the other needed
signature and is considering flying in someone from another state (there is
no residency requirement on the psychiatrist).  The only privately
practicing psychiatrist in Darwin is prepared to do assessments under the
Act, but has had legal advice that even the psychiatrist could get caught up
in legal tangles if the law is found to be invalid, and is waiting for the
court outcome as well.

A special thanks to Lynda Cracknell for this information, which has not been
reported on any of the wire services.

 <David Brandt-Erichsen>


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