http://www.news.com.au/dailytelegraph/story/0,22049,22323835-5001021,00.html
A mercy killing or murder?
Daily Telegraph
By Kim Arlington
August 29, 2007 12:00am
A WEEK before he was allegedly murdered by his partner Shirley Justins, Alzheimer’s sufferer Graeme Wylie had changed his will to make her the main beneficiary of his $2.3 million estate.
Justins is accused of murdering the former Qantas pilot with a lethal dose of the barbiturate Nembutal in an alleged mercy killing.
As she was yesterday committed to stand trial, court documents revealed that seven days before Mr Wylie died at their Cammeray home, she had accompanied him as he drew up his new will with his solicitor.
Mr Wylie’s close friend Caren Jenning – a supporter of euthanasia group Exit International – has also been ordered to stand trial accused of murdering the 71-year-old on March 22 last year.
Justins, 59, and Jenning, 74, also face new charges of aiding and abetting Mr Wylie’s suicide.
Jenning allegedly travelled to Mexico to buy the Nembutal, which is only available in Australia to vets for anaesthetising and putting down animals.
Exit International founder Phillip Nitschke was in the public gallery as the pair faced Downing Centre Local Court, where they waived their right to a committal hearing.
According to a tendered police statement – part of the 4500 pages of prosecution evidence – Justins and Mr Wylie became members of Exit International in late 2005.
In October that year Mr Wylie requested an accompanied suicide in Switzerland, where euthanasia is legal, through a group called Dignitas, police allege.
He was assessed for Dignitas by Dr Nitschke, who was concerned about Mr Wylie’s “limited cognitive ability,” the statement said.
Under Swiss law people who opt for euthanasia must be rationally capable of making the decision to die and Mr Wylie’s request was refused because of his Alzheimer’s disease.
According to the police statement, when Mr Wylie’s daughter Nicole Dumbrell raised the failed request with Justins, she allegedly replied: “there are other ways”.
Mr Wylie changed his will on March 15 last year, the police statement said.
His previous will split his $2.3 million estate between Justins, his de facto partner of 20 years, and his two daughters. But his new will left his daughters $100,000 each with the remainder going to Justins.
Deputy Chief Magistrate Helen Syme ordered the pair to stand trial in the Supreme Court.
They have yet to enter pleas and will be arraigned in October.
Choice Comments: If the Prosecutor is to be believed, my first thought was how exceptionally stupid a number of people appeared to be, with the exception the two daughters:
1 That the solicitor who drew up the Last Will and Testament didn’t reassure himself of Mr Wylie’s ability from the outset to make a legally binding document. First rule of law. establish the competence of the client, particularly an aged one!
2 The fact that Dr Nitschke had previously examined Mr Wylie and found his competence to make a decision regarding end of life choices, questionable for the purposes of travelling to Switzerland means that the incompetence was evident to the observer.
3 That Justins actually murdered a man that had just changed his Will in her favour, I feel, borders on the ridiculous. Surely she’d had watched enough TV Drama to realize that she would be the first suspect. I seem to remember she wasn’t actually in the house when the man died, so he was obviously capable to a certain level of understanding the ramifications of his actions. So! is she guilty of murder when she was not present to assist him to kill himself. Did the man commit suicide with the aid of Nembutal gained illegally like so many before him and after him will do so, until the Law protects us from a death not worth waiting for?
4 That the solicitor didn’t question an estate in excess of $2 million which left $100,000 to the two daughters would have rung alarm bells to any ordinary person. least of all the alarm bells of a solicitor’s mind trained for just such matters. Particularly if the de facto wife was being the supporting commentary during the interview. After all, the man had not seen fit to make Justins his wife after 20 years, I couldn’t help but wonder if the solicitor asked to interview his client alone at any time.
An armchair detective couldn’t fault the plot of this whodunit, if only it was a fictional tale, and not a man’s life. Such a terrible shame that money had to be the root that upended the oak tree that had been Mr Wylie life!
If only the Alzheimer’s was the single most important factor in the man’s suicide, it would have been a good death speedily obtained, but the money just poisons the issue altogether.
I must make sure not to die a millionaire, and I am doing all in my power to avoid the charge so that my children can rest easy for me, without the concern of what I am leaving them!
Who knows the guilt or innocence of anyone involved in this trial? I just feel sick to read that Caren Jennings has been caught up in the dirt of it all.