By Mark O’Brien
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand — A new poll this week showed increasing support for legalizing euthanasia after the country’s High Court dismissed charges against a man accused of helping his wife commit suicide.

Support for legalizing euthanasia in New Zealand grows after the country’s High Court dismissed without conviction the case of Evans Mott (right), who was charged with assisting his wife’s (left) suicide after a long battle with multiple sclerosis. (Photo Courtesy of The New Zealand Herald)

The poll, released on Friday, showed 63 percent of respondents supported a change in the law, compared to 12 percent who were opposed.  The poll’s margin of error was roughly two percent.

“Why should the law prevent you from [assisting in a loved one’s suicide], or prevent someone who loves you to assist you from doing that,” said Member of Parliament Maryan Street, who has introduced a bill that would legalize euthanasia.

Street’s “Right to Life” bill would allow people 18-years-old or older to be assisted in their own death if certain conditions were met.   At least two doctors, in consultation with the person’s family, would have to determine that the person is mentally competent.  The person then would have to wait a one-week “stand down” period before they would be allowed to proceed.  The bill has yet to be taken up for consideration.

The renewed interest in changing New Zealand’s euthanasia laws came after the High Court dismissed the case of Evans Mott.  The Auckland man was charged with helping his wife, Rosie, commit suicide late last year after her four-year battle with an aggressive form of multiple sclerosis.  Mott, 61, had pleaded guilty earlier this year.

“It’s a miracle [and] it’s so good that New Zealand had the vision to tell right from wrong,” Mott told TVNZ after the justices discharged him without conviction.  “If you know someone who’s got a hideous disease that’s degenerative, you’re hardly going to say wait until you’re a basket case.”

In discharging Mott’s case, High Court Justice Patricia Courtney said his was vastly different from other cases and the consequences of conviction would outweigh the gravity of what he had done.

“You acted out of love, and your motivation was to support your wife in the decision she made,” Justice Courtney said in court, adding that she wished Mott luck.  She also pointed to increasing public support for a change in the law.

The court’s decision marked a distinct change in precedent.  Just last November, an Auckland man was sentenced to five months of home detention for assisting the suicide of his terminally ill mother.

Opponents were quick to call the Mott outcome “a dangerous precedent” for future cases.

“[This] has opened the door for others to assist in suicide and not suffer any consequences,” said Colleen Bayer of the Family Life New Zealand lobby group.  “This decision also flies in the face of New Zealanders’ concern over the high suicide rate in our country.”

For further information, please see:

The New Zealand Herald — Courts Mirror Mood on Euthanasia MP — 15 September 2012

Radio New Zealand News — Court Decision Fuels Euthanasia Debate — 15 September 2012

The New Zealand Herald — Euthanasia Debate: Wife’s Death Video — 14 September 2012

Stuff — Support Grows for Euthanasia — 14 September 2012

TVNZ — Man Discharged over Wife’s Suicide Can Now Move On — 13 September 2012

Author: Impunity Watch Archive