Euthanasia Referendum: Former Whanganui Nurse Lesley Martin Recalls Her ‘Lowest Moment’ In Prison



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Former Whanganui nurse, Lesley Martin, who went to jail for the attempted murder of her terminally ill mother at Stonehenge in Wiltshire, England, where she now lives. Photo / Supplied

As New Zealanders prepare to vote on legalizing assisted death, health reporter Emma Russell speaks with former Whanganui nurse Lesley Martin, who went to jail for the attempted murder of her terminally ill mother in 2004.

As Lesley Martin sat in a cold, dark cell, she pondered whether helping her mother die was the right decision.

It was May 28, 2004 or, as she remembers it, the fifth anniversary of her “beautiful, funny and warm” mother’s death.

More than 170 km from Wellington’s Arohata Women’s Prison, a theatrical version of her book To Die Like a Dog was being performed in her hometown of Whanganui.

Martin’s book was about his reasons for helping his terminally ill mother Joy die on 60 mg of morphine. The book prompted the police to open a homicide investigation into Joy Martin’s death, which ultimately resulted in Lesley Martin being sentenced to 15 months in prison. He was seven and a half months old.

Martin says she knew her book could land her in jail, but says that prison didn’t scare her as much as knowing that someone could suffer a cruel and painful death.

During the theatrical performance, two candles were lit, one for Martin and one for his mother. It was the only time the book was performed in a play.

“I knew the play was running that night and I was at my lowest point then,” Martin told the Weekend Herald in a telephone interview from his home in Hereford, England.

Lesley Martin says that she promised her dying mother, Joy Martin, that she would help her die with dignity.  Photo / Archive
Lesley Martin says that he promised his dying mother, Joy Martin, that he would help her die with dignity. Photo / Archive

“I really searched deep into my soul to find if I had any regrets or any thoughts ‘I had done something wrong’, ‘I deserved to be in prison’ and I kept coming to the conclusion: morally I had done the right thing for my mother.”

More than 16 years later, Martin says he still “with all my heart” believes it.

The woman, now 57, says she will vote “yes, without a doubt” in support of the referendum on the End of Life Election Law. If the majority votes in favor, voluntary euthanasia will be legal after October of next year.

“This is long overdue, it is a natural progression of social reform and it is important that New Zealanders have a voice and vote at the grassroots level because it is an issue that affects us all.”

Martin, however, criticized the legislation for the lack of support and information available to patients and their families.

“Personally, I have always said that there should be ‘decent shelters’ that are separate from hospices. If this law becomes legal, it will be a disaster.”

The havens would have specified doctors willing to help patients die, as well as support and advice to prevent people from being pressured, Martin said.

She said that for her, 20 years ago, there was no support.

“I remember my lawyer telling me not to talk to anyone but her. I went to see a priest and he didn’t even speak to me. I couldn’t believe it, it hurt a lot.”

If the proposed law were in effect in 1999, Joy Martin would have been eligible to help die.

Lesley Martin in Whanganui District Court for the attempted murder of her mother Joy Martin.  Photo / Archive
Lesley Martin in Whanganui District Court for the attempted murder of her mother Joy Martin. Photo / Archive

At the time, the 69-year-old was dying of bowel cancer, a “horrible disease” that had already taken hold of Joy Martin’s mother, Lesley’s grandmother.

Martin said that from the time Joy was operated on in January 1999 until the day of her death on May 28, 1999, she lost 40 kg.

“She never stepped out of the house again once she got to the hospital because she nearly died after surgery due to multi-organ failure. She was ventilated and on life support and we thought we would lose her then.”

Martin said he made a promise to his mother to help her die with dignity.

“My mom told me ‘it’s better to die like a dog than a human being.’

Martin was released from Arohata Women's Prison in Tawa, Wellington, after serving seven and a half months for a 15-month sentence.  Photo / Archive
Martin was released from Arohata Women’s Prison in Tawa, Wellington, after serving seven and a half months for a 15-month sentence. Photo / Archive

“It’s a very common thing when people are in good health and they could, for example, be watching a movie in which a very horrible death unfolds, and they look at each other and say ‘if it’s ever me, they’ll turn off the machine or they shot me or whatever, ‘accept and make these promises and then have a cup of tea and a cookie and watch the rest of the movie and life goes on. “

The mother-of-two said that during her time as an intensive care nurse at Whanganui Hospital, many suffering patients had asked for help to die.

“Whenever that happened, emotionally and almost physically I would take a step back and say ‘no, I can’t do that, but I can do everything I can to make you feel comfortable, but in my mind when you go home after those shifts nocturnal, you think ‘”. Would it help someone I love? “

Martin said he believed that if his mother had been able to use assisted death, they would have had that meaningful goodbye.

“You know, I can’t remember the last thing I said to my mom.”

Five things you should know:

New Zealand is voting on whether it wants voluntary euthanasia to be legalized.

Before casting your vote, here are five things to know.

1. You have the last word.

The referendum is binding and a majority vote “yes” will mean that voluntary euthanasia will be legalized exactly one year after Election Day (October 17). A “no” vote will mean that we maintain the status quo.

2. We’ve been here before, something like that.

Parliament has twice voted against laws to legalize euthanasia in New Zealand. Former National MP Michael Laws’s Death with Dignity bill was heavily defeated in 1995. And New Zealand’s first MP Peter Brown’s bill of the same name was narrowly defeated – by just two votes – in 2003.

In the latest attempt, Parliament has already passed the Law Party MP David Seymour End-of-Life Election Act, but relies on a public vote to get over the line.

3. If it were legalized, euthanasia would not be available to anyone.

It would be limited to New Zealand citizens or permanent residents who are 18 years of age or older and suffer a terminal illness that is likely to end their lives within six months.

They must also be:
• In an advanced state of irreversible deterioration of physical capacity.
• Experiencing excruciating suffering that cannot be alleviated in a way that they consider tolerable.
• Competent to make an informed decision about death.

They also cannot be eligible just because of their age, mental illness, or disability.

4. However, opponents are concerned that legalization may create risks for a broader group.

Some countries have expanded their euthanasia laws. This is being considered in Canada, on which New Zealand law was based in part. A law change there could soon make euthanasia available to non-terminal patients.

Supporters of the End-of-Life Choice Act say that doesn’t portend what could happen here. Those changes were specific to the Canadian constitution and law. Any further changes to New Zealand law would have to go through Parliament.

5. Euthanasia generally benefits the most privileged people in society.

Analysis of deaths in the United States, Canada, and Europe found that those most likely to access assisted death were elderly, white, well-educated, and relatively wealthy.

This is mainly because this group is more likely to have better access to the healthcare system and to be better able to navigate the medical and bureaucratic obstacles to assisted dying.

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