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Tony Nicklinson right-to-die refused Court of Appeal hearing | Tony Nicklinson right-to-die refused Court of Appeal hearing |
(about 2 hours later) | |
High Court judges have refused permission for the case of a man who fought for the right to die to go to the Court of Appeal. | High Court judges have refused permission for the case of a man who fought for the right to die to go to the Court of Appeal. |
Tony Nicklinson, 58, who suffered from locked-in syndrome, died from pneumonia after refusing food in August. | Tony Nicklinson, 58, who suffered from locked-in syndrome, died from pneumonia after refusing food in August. |
Mr Nicklinson was paralysed from the neck down after a stroke in 2005. | Mr Nicklinson was paralysed from the neck down after a stroke in 2005. |
His wife Jane, of Melksham in Wiltshire, has vowed to appeal the decision which she described as a "setback". | |
Mrs Nicklinson pledged in September to continue with her husband's fight but judges refused to make her party to the proceedings. | |
The judges said they were "deeply conscious of her suffering" since Mr Nicklinson's stroke, but said they did "not consider that the proposed appeal has any real prospect of success". | The judges said they were "deeply conscious of her suffering" since Mr Nicklinson's stroke, but said they did "not consider that the proposed appeal has any real prospect of success". |
'Not the end' | |
Mrs Nicklinson said she was "surprised" at the decision which she described as a "setback" and said "this is not the end by any means". | |
She said that she will now appeal directly to the Court of Appeal. | |
She said: "It can happen to anyone, anyone can be fine today and tomorrow find themselves in Tony's position. [The campaign] was for other people as well. | |
"So much hard work has gone into to it from us, from Tony and from our legal team that it just seems a huge shame now for it to be put on hold again." | |
Mr Nicklinson's legal fight took place at the same time as that of another man with locked-in syndrome. | Mr Nicklinson's legal fight took place at the same time as that of another man with locked-in syndrome. |
The second sufferer, who cannot be named for legal reasons, but is known as AM or Martin, suffered a stroke in August 2008. | The second sufferer, who cannot be named for legal reasons, but is known as AM or Martin, suffered a stroke in August 2008. |
He was given the go-ahead for action against the Director of Public Prosecutions to be heard by appeal judges. | He was given the go-ahead for action against the Director of Public Prosecutions to be heard by appeal judges. |
He is unable to speak, is virtually unable to move and describes his life as "undignified, distressing and intolerable" - he wants to be allowed a "dignified suicide". | He is unable to speak, is virtually unable to move and describes his life as "undignified, distressing and intolerable" - he wants to be allowed a "dignified suicide". |
His lawyers said the High Court ruling deprived 47-year-old Martin of "the opportunity to take the necessary steps to end his own life". | His lawyers said the High Court ruling deprived 47-year-old Martin of "the opportunity to take the necessary steps to end his own life". |
The parties were informed of the appeal decisions made by Lord Justice Toulson, Mr Justice Royce and Mrs Justice Macur, in a written ruling sent to them on Tuesday. | The parties were informed of the appeal decisions made by Lord Justice Toulson, Mr Justice Royce and Mrs Justice Macur, in a written ruling sent to them on Tuesday. |