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Gordon Ross loses 'right to die' legal guidance case Gordon Ross loses 'right to die' legal guidance case
(35 minutes later)
A severely disabled man who is seeking the right to die has lost a legal bid over guidance on assisted suicide.A severely disabled man who is seeking the right to die has lost a legal bid over guidance on assisted suicide.
Gordon Ross, 66, who suffers from degenerative Parkinson's disease, is concerned that anyone who helped him end his life would face prosecution.Gordon Ross, 66, who suffers from degenerative Parkinson's disease, is concerned that anyone who helped him end his life would face prosecution.
The Director of Public Prosecutions has issued guidelines for England but these do not apply to Scotland.The Director of Public Prosecutions has issued guidelines for England but these do not apply to Scotland.
A judge has now rejected Mr Ross's bid to force Scotland's most senior prosecutor to produce guidelines. Mr Ross said he was disappointed but would continue his campaign for the issuing of Scottish guidelines.
The former TV producer, who lives at a care home in Glasgow, brought his case for a judicial review to the Court of Session in Edinburgh in May. The former TV producer, who lives at a care home in Glasgow, described the decision by Lord Doherty to reject his legal bid, as having "lessened the protections that those with disabilities enjoy" and made them "more vulnerable".
Fighting on
"I have no wish to end my own life and hope I never do reach that point," he said.
"However, this decision will mean that, if someone has a degenerative condition which might lead them to one day lose the ability to take their own life, they may now choose to do so earlier whilst they still have the capacity rather than put a friend or family member at risk of prosecution by waiting until they might require assistance.
"Far from reducing the tragic number of instances of suicide amongst those with terminal conditions, estimated at around one per week in Scotland, this decision could drive people in my position to end their own lives at the very time when they need all the support they can get to help them manage and cope with their condition."
Mr Ross added: "My current intention is to take this fight to the highest legal authority I can in order to protect my own rights, the rights of those currently in similar circumstances, as well as any amongst us who might find themselves in such a position in the future."
Mr Ross brought his case for a judicial review to the Court of Session in Edinburgh in May.
Mr Ross wanted Scotland's most senior prosecutor, the Lord Advocate Frank Mulholland QC, to set out guidance on what circumstances he would take into account before deciding whether to prosecute somebody who had helped another person end their life.
'Dignified suicide''Dignified suicide'
Mr Ross wanted the Lord Advocate, Frank Mulholland QC, to set out guidance on what circumstances he would take into account before deciding whether to prosecute somebody who had helped another person end their life.
His QC, Aidan O'Neill, had argued that under the European Convention on Human Right there was a substantive right to "a dignified suicide".His QC, Aidan O'Neill, had argued that under the European Convention on Human Right there was a substantive right to "a dignified suicide".
He said: "In effect a complete and blanket prohibition against or threat of prosecution for all or any who might assist the suicide of another is convention incompatible."He said: "In effect a complete and blanket prohibition against or threat of prosecution for all or any who might assist the suicide of another is convention incompatible."
Mr O'Neill said it was "a matter of particular concern and urgency" for care home resident Mr Ross who also suffers from heart problems and diabetes.Mr O'Neill said it was "a matter of particular concern and urgency" for care home resident Mr Ross who also suffers from heart problems and diabetes.
Gerry Moynihan QC, counsel for the Lord Advocate, said there was no proper foundation in law for the outcome that was being sought.Gerry Moynihan QC, counsel for the Lord Advocate, said there was no proper foundation in law for the outcome that was being sought.
Mr Moynihan told the court: "The Lord Advocate is being asked to produce guidelines on prosecution for assisted suicide. We do not prosecute for assisted suicide. We prosecute for murder or culpable homicide.Mr Moynihan told the court: "The Lord Advocate is being asked to produce guidelines on prosecution for assisted suicide. We do not prosecute for assisted suicide. We prosecute for murder or culpable homicide.
"There is no blanket rule in Scots law. Consideration has to be given to the causal connection between the conduct and the death."There is no blanket rule in Scots law. Consideration has to be given to the causal connection between the conduct and the death.
'Expectation of immunity''Expectation of immunity'
"People are entitled to know the Lord Advocate's policy is he will prosecute and he will."People are entitled to know the Lord Advocate's policy is he will prosecute and he will.
"To say anything else is to give people a false expectation of immunity from prosecution. That is an illusion.""To say anything else is to give people a false expectation of immunity from prosecution. That is an illusion."
On Tuesday, in a written judgement, Lord Doherty ruled that the current Crown policy was legal and did not breach the European Convention on Human Rights.On Tuesday, in a written judgement, Lord Doherty ruled that the current Crown policy was legal and did not breach the European Convention on Human Rights.
Lord Doherty wrote: "I see no evidence of arbitrary or inconsistent behaviour on the part of the respondent. The thrust of his policy is to enforce the law.Lord Doherty wrote: "I see no evidence of arbitrary or inconsistent behaviour on the part of the respondent. The thrust of his policy is to enforce the law.
"The policy is consonant with the rule of law. The public know what his policy is and there is no suggestion that that it is being applied inconsistently.""The policy is consonant with the rule of law. The public know what his policy is and there is no suggestion that that it is being applied inconsistently."
In May, MSPs rejected the Assisted Suicide Scotland Bill by 82 votes to 36 following a debate and free vote on the issue at Holyrood.In May, MSPs rejected the Assisted Suicide Scotland Bill by 82 votes to 36 following a debate and free vote on the issue at Holyrood.