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| Right-to-die cases heard at Court of Appeal | |
| (about 3 hours later) | |
| Two severely disabled men are at the Court of Appeal to try to change laws governing the right to die. | |
| Paul Lamb, from Leeds, was paralysed from the neck down in a car accident and wants a doctor to help him to die. | Paul Lamb, from Leeds, was paralysed from the neck down in a car accident and wants a doctor to help him to die. |
| The 58-year-old, who has taken up the case begun by the late Tony Nicklinson, is seeking a ruling that would give doctors a defence to a murder charge. | The 58-year-old, who has taken up the case begun by the late Tony Nicklinson, is seeking a ruling that would give doctors a defence to a murder charge. |
| The other man, a 48-year-old known only as Martin, is seeking a change to the prosecution of assisted suicide. | The other man, a 48-year-old known only as Martin, is seeking a change to the prosecution of assisted suicide. |
| In August last year, the High Court turned down the challenges to the law in England and Wales, saying such decisions were for Parliament to decide. | |
| The Court of Appeal hearing before the Lord Chief Justice, Lord Judge, and two other judges, is expected to last several days. | The Court of Appeal hearing before the Lord Chief Justice, Lord Judge, and two other judges, is expected to last several days. |
| The family of the late Tony Nicklinson is also a party in the case, including his wife Jane. | |
| Speaking at the start of the hearing on Monday, Lord Judge said: "We are acutely aware of the desperate situation in which the appellants find themselves, and we are very sympathetic." | |
| But he also said that "we cannot decide this case as a matter of personal sympathy". | |
| 'Fed and watered' | 'Fed and watered' |
| Paul Bowen QC, representing Mrs Nicklinson and Mr Lamb in their cases against the Ministry of Justice, told the judges that the High Court had "rejected the claims because, in summary, it considered Parliament, not the courts, should be responsible for changing the law in this area". | |
| Mr Lamb is seeking a court declaration that any doctor who killed him would have a defence known as "necessity" - that it was necessary for the doctor to act to stop intolerable suffering. | Mr Lamb is seeking a court declaration that any doctor who killed him would have a defence known as "necessity" - that it was necessary for the doctor to act to stop intolerable suffering. |
| He has no function in any of his limbs apart from a little movement in his right hand after a car accident in 1990. | He has no function in any of his limbs apart from a little movement in his right hand after a car accident in 1990. |
| Speaking before the hearing, Mr Lamb said: "I feel the legal system doesn't listen and I think they should listen more." | |
| Mr Lamb says he has been in pain for 23 years, needs 24-hour care and his life consists of "being fed and watered". | Mr Lamb says he has been in pain for 23 years, needs 24-hour care and his life consists of "being fed and watered". |
| His paralysis means he could not physically take the final steps to take his own life and would need a doctor to kill him, which would amount to murder in the eyes of the law. | His paralysis means he could not physically take the final steps to take his own life and would need a doctor to kill him, which would amount to murder in the eyes of the law. |
| The divorced father of two said he was not depressed and just wanted to end his life in a dignified way, with his loved ones around him. | The divorced father of two said he was not depressed and just wanted to end his life in a dignified way, with his loved ones around him. |
| His case is being supported by the British Humanist Association, which wants to establish the right to doctor-assisted death in certain circumstances. | His case is being supported by the British Humanist Association, which wants to establish the right to doctor-assisted death in certain circumstances. |
| Mr Nicklinson, 58, who was paralysed by a stroke in 2005 and suffered from locked-in syndrome, died from pneumonia at his home in Melksham, Wiltshire, a week after the High Court ruling. | Mr Nicklinson, 58, who was paralysed by a stroke in 2005 and suffered from locked-in syndrome, died from pneumonia at his home in Melksham, Wiltshire, a week after the High Court ruling. |
| Different arguments | Different arguments |
| Martin, who also has locked-in syndrome and who cannot be identified for legal reasons suffered a massive stroke in August 2008. | Martin, who also has locked-in syndrome and who cannot be identified for legal reasons suffered a massive stroke in August 2008. |
| He is unable to speak, virtually unable to move and describes his life as "undignified, distressing and intolerable". He says he wants to be allowed a "dignified suicide". | He is unable to speak, virtually unable to move and describes his life as "undignified, distressing and intolerable". He says he wants to be allowed a "dignified suicide". |
| Current guidance makes it clear friends or family assisting a suicide out of compassion are unlikely to be prosecuted. But Martin's wife does not wish to be actively involved in his suicide. Instead he wants health professionals to be able to assist him to end his life. | Current guidance makes it clear friends or family assisting a suicide out of compassion are unlikely to be prosecuted. But Martin's wife does not wish to be actively involved in his suicide. Instead he wants health professionals to be able to assist him to end his life. |
| Leigh Day, the solicitors representing Martin, said his case differed from Mr Lamb's because the latter's lawyers were "seeking to create a new defence to murder, which would mean a doctor involved in a mercy killing would have a defence to a murder charge". | Leigh Day, the solicitors representing Martin, said his case differed from Mr Lamb's because the latter's lawyers were "seeking to create a new defence to murder, which would mean a doctor involved in a mercy killing would have a defence to a murder charge". |
| But they will argue on Martin's behalf that there should be a change to the approach taken to prosecution for assisted suicide because, although it is legal to take your own life, it is a serious criminal offence to assist someone to do this. | But they will argue on Martin's behalf that there should be a change to the approach taken to prosecution for assisted suicide because, although it is legal to take your own life, it is a serious criminal offence to assist someone to do this. |
| His solicitors say he hopes the legal action will force the director of public prosecutions to change his policy, "so that the position is clear for health professionals, to allow them to assist him to end his life". | His solicitors say he hopes the legal action will force the director of public prosecutions to change his policy, "so that the position is clear for health professionals, to allow them to assist him to end his life". |
| Previous cases | |
| BBC legal correspondent Clive Coleman says the challenges are being seen as the most ambitious attempt yet to change laws governing the right to die. | BBC legal correspondent Clive Coleman says the challenges are being seen as the most ambitious attempt yet to change laws governing the right to die. |
| Other cases in the past included Diane Pretty, who was terminally ill with motor neurone disease and died in 2002. She wanted the courts to give her husband immunity from prosecution. | Other cases in the past included Diane Pretty, who was terminally ill with motor neurone disease and died in 2002. She wanted the courts to give her husband immunity from prosecution. |
| Debbie Purdy, who has severe multiple sclerosis, challenged the lack of clarity on the law on assisted suicide. She won her case and guidance was issued in 2010, but the law did not change. | Debbie Purdy, who has severe multiple sclerosis, challenged the lack of clarity on the law on assisted suicide. She won her case and guidance was issued in 2010, but the law did not change. |
| Disability rights group Scope and anti-euthanasia campaigners have argued that current laws protects vulnerable people. | Disability rights group Scope and anti-euthanasia campaigners have argued that current laws protects vulnerable people. |
| In Scotland there is no specific law on assisted suicide, although in theory someone could be prosecuted under homicide legislation. The law in Northern Ireland is almost identical to that in England and Wales. | In Scotland there is no specific law on assisted suicide, although in theory someone could be prosecuted under homicide legislation. The law in Northern Ireland is almost identical to that in England and Wales. |