Campaigner for euthanasia fined over suicide drug
The woman found not guilty of aiding the suicide of a Wellington acquaintance has been convicted and fined $7500 on two charges of importing the suicide drug pentobarbitone.
Retired teacher Susan Dale Austen, 67, is the first person in Australasia in the past 10 years to be convicted, according to her lawyer who asked for her to be discharged without conviction.
At the High Court in Wellington yesterday, Justice Susan Thomas said it was ironic Austen wanted to avoid any impact on her international travel prospects – including attendance at a euthanasia conference in South Africa – when she had used international travel to break the law.
Austen brought back pentobarbitone in her luggage, gave false information to Customs, and later explained to other euthanasia supporters how she did it.
The judge said it was perhaps not surprising that Austen was charged when others were not.
And in Australia courts could impose significant penalties despite entering no convictions.
The other package came by courier company and was passed to Annemarie Treadwell, 77, who used it to commit suicide soon after, the judge said. A jury acquitted Austen of aiding Treadwell’s suicide.
The judge said she accepted Austen’s genuine desire to help others, but nothing suggested she was qualified to provide a lethal drug, and she had admitted that she had been ‘‘quite naive’’ about Treadwell’s mental health. Treadwell was not terminally ill, but had arthritis and depression, the judge said.
The judge fined Austen $2500 for the postal importation, and $5000 for the package she brought in herself.
Austen also has to pay $260 court costs, and a $50 offender’s fee.
Outside court Austen, who has not ruled out an appeal, read a statement – much of it aimed at politicians.
Surrounded by supporters, and her husband and two sons, she advocated for a law change to allow euthanasia, with safeguards.
She said she would not import drugs again.
Her lawyer, Donald Stevens QC, argued against Austen being the first person in Australasia to be convicted in the past 10 years for importing the drug.
She had done volunteer work for several organisations, including a retirement village, and some said they would review her involvement if she was convicted.
Austen’s references included one from former MP and assisted dying campaigner, Maryan Street, who referred to Austen’s altruistic humanity, Stevens said.
Police were criticised for setting up a drink-driving checkpoint near Austen’s home in Maungaraki, Lower Hutt, to collect the names of people who had attended a meeting at her house. However the judge rejected the suggestion that the police actions – which the Independent Police Conduct Authority found were unjustified – could be used in Austen’s favour at sentencing.
Prosecutor Kate Feltham opposed Austen being discharged.
Unlike others who had imported pentobarbitone, Austen did not want it for her own use, because she already had plenty at her home, and she had done it twice.
Austen’s intended travel was for recreational or family reasons, so it was different to someone whose job depended on being able to travel, and it wasn’t certain a conviction would be a real impediment in any event, Feltham said.
Austen told police that she had been a caregiver for her mother for 14 years. Pentobarbitone is a barbiturate. The only legal use of it in New Zealand is for vets to euthanise small animals.