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Right-to-die cases heard at Court of Appeal Right-to-die cases heard at Court of Appeal
(about 5 hours later)
Two severely disabled men are at the Court of Appeal trying to change laws governing the right to die. Two severely disabled men and a widow have taken their right-to-die cases to the Court of Appeal.
Paul Lamb, from Leeds, was paralysed from the neck down in a car accident and wants a doctor to help him die. Paul Lamb, who is paralysed, a man with locked-in syndrome known as Martin, and the wife of the late Tony Nicklinson are seeking to challenge the law.
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. They want health professionals to be legally protected if they assist people who wish to end their own lives.
The other man, a 48-year-old known only as Martin, is seeking a change to the prosecution of assisted suicide. Judges at the hearing said the case could not be decided on the basis of "personal sympathy".
In August, the High Court turned down the challenges to the law in England and Wales. 'Personal sympathy'
The Court of Appeal hearing before the Lord Chief Justice, Lord Judge, and two other judges, is expected to last several days. In August, Mr Nicklinson, 58 - who also suffered from locked-in syndrome - lost his High Court bid to end his life with a doctor's help. He died a week later.
The British Humanist Association (BHA) is also a party in Mr Lamb's case. His widow Jane is continuing her late husband's battle in the courts by challenging the ruling, which related to England and Wales.
And Mr Nicklinson's wife Jane is challenging the High Court's ruling in August that her husband could not end his life with a doctor's help. Mr Lamb, 57, from Leeds, was paralysed from the neck down in a car accident in 1990 and wants a doctor to help him die.
Speaking at the start of the hearing, Lord Judge said: "We are acutely aware of the desperate situation in which the appellants find themselves, and we are very sympathetic." He has also taken up the case begun by Mr Nicklinson and is seeking a ruling that would give doctors a defence to a murder charge.
But he said "we cannot decide this case as a matter of personal sympathy". Martin, 48, who has locked-in syndrome caused by a massive stroke he suffered in August 2008, is seeking a change to the prosecution of assisted suicide.
'Fed and watered' Lord Judge, sitting with the Master of the Rolls Lord Dyson and Lord Justice Elias, will hear arguments in the three cases over the course of several days.
Paul Bowen QC, representing Mrs Nicklinson and Mr Lamb in their cases against the Ministry of Justice, said 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". At the start of the hearing, Lord Judge said: "We are acutely aware of the desperate situation in which the appellants find themselves, and we are very sympathetic."
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. But he added that "we cannot decide this case as a matter of personal sympathy".
He has no function in his limbs apart from a little movement in his right hand after a car accident in 1990. It had to be decided on the "basis of principles of law" after the court has heard all sides, he said.
Mr Lamb says he has been in pain for 23 years, needs 24-hour care and his life consists of "being fed and watered". 'Distressing and intolerable'
He told BBC Radio 5 live his "relentless" pain levels could leave him screaming and result in him having to be "knocked out". At the High Court in August, Mr Nicklinson had sought declarations that there should be a defence known as "necessity" available to a doctor assisting him to die - based on the argument that it was necessary for a doctor to act to stop intolerable suffering.
"It is horrendous. It is just like I've been maybe crossing a road, and a bus just smacked me at speed. He argued that the law was incompatible with his right to respect for private and family life under Article 8 of the European Convention on Human Rights - which he maintained included a right to autonomy and self determination at the end of life.
"Sometimes, when my mind's not so strong... people and friends around me have noticed my face can get distorted. And that's the pain on it." Paul Bowen QC, representing Mrs Nicklinson and Mr Lamb in their cases against the Ministry of Justice (MoJ), said 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".
He said he needed help with all aspects of personal care. He said the High Court "did not decide the substantive issues at the heart of the claims" of whether the current law does "disproportionately interfere" with the right to respect for private and family life under Article 8 of the European Convention on Human Rights, nor whether the defence of necessity is available to a doctor providing the assistance to die.
"Feeding, bringing me drinks, helping me blow my nose. Everything that you take for granted. I can't even scratch my own face if it itches." Mr Bowen said Mr Lamb, who has no function in his limbs apart from a little movement in his right hand, also wished a doctor to end his life and he sought the same declarations originally sought by Mr Nicklinson.
He said he wanted to die "when I decide that I'm ready, when I'm in no fit state to carry on". The court heard the father of two had been in pain for 23 years, needed 24-hour care and his life consisted of "being fed and watered".
"I don't expect it to be a whim, where I say 'right, I'm going now, give me something to end my life'. I'd expect it to have a very, very controlled, worked out by the legal system, way of doing it." David Perry QC, for the MoJ, expressed sympathy for the late Mr Nicklinson and Mr Lamb, but said the High Court had "correctly dismissed" the case in August.
His paralysis means he could not physically take his own life and would need a doctor to kill him, which would amount to murder in legal terms. "The state of the criminal law in this respect does not violate the right to respect for private life under Article 8 of the Convention," he said.
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 court also heard that Martin, who is unable to speak, virtually unable to move and who describes his life as "undignified, distressing and intolerable" wanted a "dignified suicide".
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. Current guidance makes it clear that friends or family assisting a suicide out of compassion are unlikely to be prosecuted. But his wife does not wish to be actively involved in his suicide.
Different arguments Instead, he wants health professionals to be able to assist him to end his life.
Martin, who also has locked-in syndrome and who cannot be identified for legal reasons, suffered a massive stroke in August 2008. His solicitors argue that Article 8 also requires the director of public prosecutions (DPP) to develop his policy so this could happen.
He is unable to speak, virtually unable to move and describes his life as "undignified, distressing and intolerable". He says he wants a "dignified suicide". In a written argument before the court, Philip Havers QC, for Martin, said his client had "never asked the courts to decriminalise assisted suicide", but was seeking "clarity about how the DPP's prosecutorial discretion will be exercised".
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. 'Modern society'
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". Yogi Amin, representing the British Humanist Association - also a party in Mr Lamb's case - said the law "should be certain and reflect modern society".
But they will argue 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. "Both Parliament and judge-made law should develop to allow for personal autonomy," he said.
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". Disability rights group Scope and anti-euthanasia campaigners have argued current laws protect vulnerable people.
Yogi Amin, representing the BHA, said the law "should be certain and reflect modern society".
"Both Parliament and judge-made law should develop to allow for personal autonomy."
Disability rights group Scope and anti-euthanasia campaigners have argued 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.