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| Locked-in man's 'life of suffering and indignity' | Locked-in man's 'life of suffering and indignity' |
| (about 1 hour later) | |
| A paralysed man who wants a doctor to be able to lawfully kill him is being condemned to live in a state of "suffering and indignity" by the current law, a court has heard. | A paralysed man who wants a doctor to be able to lawfully kill him is being condemned to live in a state of "suffering and indignity" by the current law, a court has heard. |
| Tony Nicklinson, 58, from Wiltshire, has locked-in syndrome following a stroke seven years ago. | Tony Nicklinson, 58, from Wiltshire, has locked-in syndrome following a stroke seven years ago. |
| His barrister told the High Court he is not seeking a new law to allow euthanasia, but just wanted a "remedy". | His barrister told the High Court he is not seeking a new law to allow euthanasia, but just wanted a "remedy". |
| But the government is to argue that such a ruling would authorise murder. | But the government is to argue that such a ruling would authorise murder. |
| This legal bid differs from recent right-to-die cases which have focused on assisted suicide. | This legal bid differs from recent right-to-die cases which have focused on assisted suicide. |
| The hearing at the High Court represents a fundamental challenge to the law on murder. It amounts to an appeal to allow euthanasia - the deliberate killing of a person on their request - which is strictly prohibited. | The hearing at the High Court represents a fundamental challenge to the law on murder. It amounts to an appeal to allow euthanasia - the deliberate killing of a person on their request - which is strictly prohibited. |
| It goes further than the case of Diane Pretty, who had motor neurone disease. The House of Lords rejected her appeal in 2001 to allow her husband to assist her suicide. | It goes further than the case of Diane Pretty, who had motor neurone disease. The House of Lords rejected her appeal in 2001 to allow her husband to assist her suicide. |
| The case raises huge ethical and social issues which will spark major debate in the weeks ahead. | The case raises huge ethical and social issues which will spark major debate in the weeks ahead. |
| Win or lose, Mr Nicklinson can be assured that the issue of whether there is a right to die will be discussed in great detail by judges, politicians, the media and the public. | Win or lose, Mr Nicklinson can be assured that the issue of whether there is a right to die will be discussed in great detail by judges, politicians, the media and the public. |
| Instead, Mr Nicklinson's paralysis is so severe that he would have to be killed by someone else, known as euthanasia. | Instead, Mr Nicklinson's paralysis is so severe that he would have to be killed by someone else, known as euthanasia. |
| The married father-of-two had a stroke in 2005 while on a business trip to Athens, leaving him paralysed, but with a fully-functioning mind. | The married father-of-two had a stroke in 2005 while on a business trip to Athens, leaving him paralysed, but with a fully-functioning mind. |
| Before the hearing, he told the BBC his life was a "living nightmare" because he cannot speak and needs other people to do everything for him. | Before the hearing, he told the BBC his life was a "living nightmare" because he cannot speak and needs other people to do everything for him. |
| He has to use a special computer to communicate. | He has to use a special computer to communicate. |
| His barrister, Paul Bowen QC, told the court: "The claimant, who has made a voluntary, clear, settled and informed wish to end his own life with dignity, is too disabled to do so. | His barrister, Paul Bowen QC, told the court: "The claimant, who has made a voluntary, clear, settled and informed wish to end his own life with dignity, is too disabled to do so. |
| "The current law of assisted suicide and euthanasia operate to prevent him from adopting the only means by which he could practically end his life, namely with medical assistance. | "The current law of assisted suicide and euthanasia operate to prevent him from adopting the only means by which he could practically end his life, namely with medical assistance. |
| "He is condemned to an existence he does not wish to live in a state of suffering and indignity that no-one should be forced to endure. | "He is condemned to an existence he does not wish to live in a state of suffering and indignity that no-one should be forced to endure. |
| "This state of affairs constitutes a serious interference with his common law and convention rights of autonomy and dignity." | "This state of affairs constitutes a serious interference with his common law and convention rights of autonomy and dignity." |
| Mr Bowen went on to claim that the current law had forced euthanasia underground, where it is unregulated. | Mr Bowen went on to claim that the current law had forced euthanasia underground, where it is unregulated. |
| He said there were in the region of 3,000 cases each year. | He said there were in the region of 3,000 cases each year. |
| Mr Nicklinson's legal action was launched to seek an assurance that a doctor could intervene to end his "indignity" and have a common law defence of necessity against any murder charge. | Mr Nicklinson's legal action was launched to seek an assurance that a doctor could intervene to end his "indignity" and have a common law defence of necessity against any murder charge. |
| Mr Nicklinson's legal team is arguing that the defence of necessity can be used against a murder charge - arguing that the only way to end his suffering is to allow him to die. | Mr Nicklinson's legal team is arguing that the defence of necessity can be used against a murder charge - arguing that the only way to end his suffering is to allow him to die. |
| They are also claiming that his case is covered by Article 8 of the European Convention on Human Rights which deals with the right to respect for private and family life. | They are also claiming that his case is covered by Article 8 of the European Convention on Human Rights which deals with the right to respect for private and family life. |
| The hearing is expected to last four days, although a ruling will not be made until a later date. | The hearing is expected to last four days, although a ruling will not be made until a later date. |