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Woman loses assisted suicide case Woman loses assisted suicide case
(about 1 hour later)
A woman with multiple sclerosis has lost her Appeal Court case to clarify the law on assisted suicide.A woman with multiple sclerosis has lost her Appeal Court case to clarify the law on assisted suicide.
Debbie Purdy, 45, from Bradford, is considering going to a Swiss clinic to end her life, but fears her husband may be charged on his return to the UK.Debbie Purdy, 45, from Bradford, is considering going to a Swiss clinic to end her life, but fears her husband may be charged on his return to the UK.
She wanted clarification of where her husband, Omar Puente would stand legally if he helped her in any way.She wanted clarification of where her husband, Omar Puente would stand legally if he helped her in any way.
Ms Purdy, was diagnosed with primary progressive MS in 1995 and can no longer walk. But Ms Purdy said after the ruling: "I feel that I have won my argument, despite having lost the appeal."
In England and Wales, aiding or abetting a suicide is a crime punishable by up to 14 years imprisonment. I'm not prepared for him to face the British justice system without me Debbie Purdy
There have so far been no prosecutions of relatives of 101 UK citizens who have gone to the Dignitas clinic. She was diagnosed with primary progressive MS in 1995 and is now losing strength in her upper body. She has been in a wheelchair since 2001.
High Court judges ruled in October that a code of practice issued by the Director of Public Prosecutions (DPP) along with the general safeguards of administrative law were adequate and satisfied human rights laws. Ms Purdy has said she will take legal advice on what to do next, but said it was likely she would take her case to the House of Lords.
Ms Purdy said she was "disappointed and shocked" at their decision. High Court judges ruled in October that official guidance did not need to change.
The Appeal Court judges had been asked to rule if further official guidance was necessary. 'Parliament's decision'
The Appeal Court judges had been asked to reconsider that judgement.
But they said: "Notwithstanding our sympathy for the dreadful predicament in which Mrs Purdy and Mr Puente find themselves, this appeal must be dismissed."But they said: "Notwithstanding our sympathy for the dreadful predicament in which Mrs Purdy and Mr Puente find themselves, this appeal must be dismissed."
And they said the DPP could not adopt a "case-specific policy in the kind of certain terms sought by Ms Purdy". They said the Director of Public Prosecutions (DPP) could not adopt a "case-specific policy in the kind of certain terms sought by Ms Purdy".
Prosecution Their ruling said it had to be parliament which decided if the law should change.
And they added that, even if a defendant in an assisted suicide case were to be convicted, a court could decide that no sanction was appropriate.
Ms Purdy told the BBC: "The court has made it clear that they don't believe they are able to give me the clarity that I feel I need."
She added that if she could not be "100% certain" that her husband would not be prosecuted, she would go to Switzerland "earlier than I would otherwise want to".
"I'm not prepared for him to face the British justice system without me.
"That would be a nightmare, and far more painful than facing dying early."
No prosecutions
Ms Purdy has always said she would still consider travelling to Switzerland to take a lethal dose of barbiturates prescribed by Dignitas doctors.Ms Purdy has always said she would still consider travelling to Switzerland to take a lethal dose of barbiturates prescribed by Dignitas doctors.
She wants her husband at her side, but wants to know if he could face prosecution on his return to Britain for helping her by buying train tickets, or by accompanying her abroad. She wants her husband at her side, but has wanted to know if he could face prosecution on his return to Britain for helping her by buying train tickets, or by accompanying her abroad.
As a result, she says she may have to make the trip earlier than she really wanted.
It is not the first time the issue has been raised in the courts.It is not the first time the issue has been raised in the courts.
In 2001 Diane Pretty, who had motor neurone disease, failed to get immunity from prosecution for her husband if he helped her to die in the UK.In 2001 Diane Pretty, who had motor neurone disease, failed to get immunity from prosecution for her husband if he helped her to die in the UK.
Several attempts to legalise suicide in Britain have also been rejected.Several attempts to legalise suicide in Britain have also been rejected.
In England and Wales, aiding or abetting a suicide is a crime punishable by up to 14 years imprisonment.
There have so far been no prosecutions of relatives of 101 UK citizens who have gone to the Dignitas clinic.