Mother's tear pushed Martin to act

By JAMES GARDINER

The sight of a tear in her dying mother's eye triggered Lesley Jane Martin to hold a pillow over her head until she thought she had stopped breathing, the High Court at Wanganui heard yesterday.

Euthanasia campaigner Martin, 40, a registered nurse, is on trial on two counts of attempting to murder her mother, Joy Patricia Martin, in 1999.

The seventh day of the trial heard evidence from Martin's younger sister, Louise Alison Britton, who said the accused told her after her mother's death that her world would fall apart if she was sent to jail but she was prepared to "sacrifice anything".

Mrs Britton, a Bulls housewife, said Martin asked her if she had ever seen their mother cry and told her she had not until the night of May 27, 1999.

"She said she saw a tear in Mum's eye and that is what pushed her overboard."

A similar account was given by the officer in charge of the case, Detective Sergeant Ross Grantham, who investigated Joy Martin's death for 10 months before deciding not to lay charges.

Mr Grantham said he warned Martin when she told him she planned to write a book, originally called Love Joy but later published as To Die Like A Dog, that police would re-open the investigation and that she risked being charged.

Mrs Britton said in the days after their mother's death she asked Martin why police were investigating and Martin asked her if she knew what euthanasia was.

Martin then told her she had discussed euthanasia with her mother, who asked her whether she would do it. When she told her mother she would, Joy Martin said not to because she would be worried what would happen afterwards.

Mrs Britton did not appear in the courtroom. Her evidence was read out by the registrar and Justice John Wild told the jury this was because defence counsel Dr Donald Stevens had agreed he did not need to cross-examine her.

Mr Grantham said he interviewed Martin the day her mother died. She agreed to an "off-the-record" discussion after he said he would not record what she had said.

But he later did write down what he remembered her saying on the advice of a superior officer and yesterday read those notes to the court.

"So much for off the record," said Justice Wild.

Mr Grantham said he had followed instructions, sealed the notes in an envelope and did not re-open them until after Martin was charged in 2002.

Dr Stevens agreed with Justice Wild that he was not objecting to the evidence because Martin herself had made the interview public in her book.

Mr Grantham said Martin told her at the time that she understood she could be charged with murder and he explained that the options were murder, attempted murder, manslaughter or assisting a suicide.

"She told me I had no idea what it's like to see someone you love wither up and die as you care for them. She told me it was impossible for her to sit and watch her Mum slowly die this painful death."

In the book, which has been given to the jury to read, Martin quotes her mother saying: "When it's time ... please help me ... please ... don't let me lie there not alive, not dead ... please help me ... be quick. And don't get caught."

After reading the book, Mr Grantham interviewed Martin again and she told him it was a true account. She said she kept secret the promise to her mother to take her life because she knew what she was prepared to do was illegal.

She told him she administered doses of 30mg and later 60mg of morphine to her mother with the intention of ending her life.

When he asked her what she decided before putting the pillow over Joy Martin's face, she said: "I didn't decide, it just happened. There was an emotional trigger, the sight of my mother appearing to cry. I knew there was nothing else I could do."