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Within the past two weeks we have witnessed the British government signalling a move towards recognising or perhaps even looking sideways in the cases of those who assist in other people’s suicide.

In England this has culminated in prosecutors suggesting that in genuine cases those involved are unlikely to be charged.

This week an Australian quadraplegic who had asked courts down under to allow him to starve himself to death, died after his request was upheld.

This is not a case of assisted suicide but rather recognition of a person’s right to decide when they end their own lives. A dramatic departure from the past.

This no doubt can lead to all kinds of abuse where those charged with murder try to claim that the victim requested assistance with his or her suicide.

In the case of Brett Kebble it purportedly was/is suggested by some that this was indeed the case.

No doubt those involved in making and enforcing the laws of the UK, Australia and South Africa would consider the method used in killing Kebble a total departure from what is contemplated in the case of recognised assisted suicide.

It needs to be remembered that very few countries, none of those set out above, have recognised assisted suicide as yet. Where I suggest “recognised’ assisted suicide I am of course referring to the case being made out for accepting this.




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6 Responses to “Will Kebble’s killers pursue a defence of assisted suicide?”

The Brett Kebble issue is an astute one to point out…since the point was (if that was the point) to make it look like it wasn’t even remotely suicide.

I can see life insurance companies rubbing their hands in glee already. Note how in auto insurance, for instance, you’ll frequently pay an excess twice as large if your car is hijacked than if it’s simply stolen. To pay for ‘false hijackings’ or to insinuate that you should have fought harder? Surely the former…can they really expect fighting? It looks like a wonderful opportunity to avoid some legitimate claims ready-made.

Besides, if the assisted suicide defence works here, we can always charge them with fraud (if that were the case then they must have known why that method and not something gentler). So in their particular case, assuming that one can prove that they did the act, they’re going away for something…

Failing to intubate someone and feed them or put them on a respirator is a totally different aspect though. One could ask the Department of Health how they feel about the ‘assisted suicide’ of babies born naturally at 22 weeks of gestation or provision of dialysis treatment for kidney patients. Cost/benefit analysis. If the state can do that analysis and make that decision on a purely monetary basis, why can’t I make it on my own behalf looking at my quality of life?

(Report abuse)

Kit on September 25th, 2009 at 1:00 pm

Michael, you are a specialist criminal attorney (the question, of course, begs, clapper firmly in cheek, whether there is another kind…)- would you employ this defence? I think it a great idea; would you please comment?

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Frank Bayliss on September 25th, 2009 at 1:12 pm

Michael, I agree with your plea, and feel that South Africa could follow the lead of some progressive countries in allowing assisted suicide.

Paradoxically, she should continue to help save us from slow suicide by encouraging us not to smoke and drink ourselves to death. (Wineou likes wine, but in moderation.)

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Wineou on September 25th, 2009 at 4:55 pm

Frank my only reaction is and was that it was a disgrace to suggest that assisted suicide was the reason Kebble was killed.

Assisted suicide is there (if and when they allow it) for people who are desperately ill and with no real quality of life.

To use it as a defence for what transpired in Kebble’s case or anything remotely resembling it is legally unsound and in the poorest taste imaginable.

Yet it was purportdely raised.

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Michael Trapido on September 25th, 2009 at 4:59 pm

Even if Kebble was murdered in an assisted suicide it was not for legitimate reasons. Behind the Kebble murder was an attempt to cover up the most fraudulent business transactions that have ever taken place in SA.
He was not terminally ill or suffering from any debilitating disease. So to compare this fraud to that of legimate peoples suffering is stupid. How the hell can you attempt to compare his death and the controversy surrounding his life and business dealings with that of seriously suffering people. Kebble died to prevent the extent of his fraud and criminal activity to ever become public knowledge. In the process he saved himself and his family (wife and kids - not father) major embarasment. Those who he freely donated to for his own personal ego, from stolen money, know who they are and know where the money came from, yet like all in the new SA have no conscience and will benefit wherever they can. The words “we did’nt join the struggle to be poor” spring to mind.

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Paul Young on September 25th, 2009 at 6:08 pm

Voluntary death vs suicide

I think it is important to distinguish between the violence of most suicides and the medically induced gradual shut down of the respiratory system that constitutes the legal method of hastening the death of the terminally ill in Switzerland, Holland and Oregon, USA.

There is peace and grace in putting the body to sleep so that consciousness (or soul, or psyche, whatever one might wish to call it) can free itself from the body. It also provides an opportunity for the family and/or close friends of the dying person to say good-bye whilst the loved one is still lucid and able to respond.

The despair of family members who ‘didn’t arrive in time’ to say ‘good-bye’ argues forcefully for the practice of medically assisted voluntary death where family members are present if they choose to be there. The overwhelming majority of those who have witnessed such deaths feel privileged to have done so free of the public trauma of hospital wards with their machines, tubes, and medical hustle and bustle that usually attends a death in the ‘West’.

Holland,Switzerland and Oregon have all put safeguards in place to prevent abuse of the process of assisted voluntary death. Insurers need to catch up and recognise that voluntary death under conditions of terminal illness is a legitimate practice and is not the same as suicide resulting from emotional causes.

It is time for us all to grow up.

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Siobhan on September 26th, 2009 at 3:48 pm

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Mike Trapido is editor of NewsTime

By trade a criminal attorney he is now a full time editor and journalist.

He was born in Johannesburg and attended HA Jack and Highlands North High Schools.

He married Robyn in 1984 (Mrs Traps, aka "the government") and has three sons (who all look suspiciously like her ex-boss).

He was a counsellor on the JCCI for a year around 1992.

His passions include Derby County, Blue Bulls, Orlando Pirates, Proteas and Springboks.

He takes Valium in order to cope with Bafana Bafana's results.

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